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HomeMy WebLinkAboutJULY - SEPT 1975Bakersfield, California, July 14, 1975 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at 8:00 P.M., July 14, 1975. The meeting was called to order by Vice-Mayor Bleecker followed by the Pledge of Allegiance and Invocation by Reverend Berent Knutsen of the Bethel Temple Assembly of God Church. The City Clerk called the roll as follows: Present: Councilmen Medders, Rogers, Seeales, Strong, Barton, Bleeeker, Christensen Absent: Mayor Hart Minutes of the regular meeting of June 23, 1975 and budget session of June 23, 1975 were approved as presented. Presentation of Retirement Plaque. Vice-Mayor Bleecker presented a retirement plaque to Harley Kimble of the Police Department, who completed 24 years of service with the City of Bakersfield, effective July 13, 1975. Scheduled Public Statements. Mr. Henry Young, 2121 - 22nd Street, requested the Council to endorse the concept of extending the AMTRAK route from Bakersfield to Jacksonville, Florida. After discussion, upon a motion by Councilman Rogers, the Council went on record as supporting the concept of extending the AMTRAK route from Bakersfield to Jacksonville, Florida. Deferral of action on Bakersfield Cable TV's request for a rate increase. The public hearing was held on May 12, 1975 and Bakers- field Cable TV requested deferral of any action, by the Council, until June 2, 1975 in order to provide additional financial information. On June 2, 1975 another extension was granted until July 14, 1975. Bakersfield Cable TV just recently submitted additional financial information to the City and the staff has not had 2 Bakersfield, California, July 14, 1975 - Page 2 sufficient time to analyze and evaluate it. would recommend that action be continued until of July 28, 1975. Upon a motion by Councilman Medders, Therefore, the staff the Council Meeting determination whether or not a rate adjustment is justified for Bakersfield Cable TV, Inc., was deferred until July 28, 1975. Correspondence. Upon a motion by Councilman Medders, communication from E. W. Flickinger, D.D.S., 1735 - 28th Street, regarding smoking in public places, was read, received and ordered placed on file. Upon a motion by Councilman Medders, communication from Mr. Clifford C. Strait resigning from the Board of Building and Housing Appeals, was accepted and the Mayor was requested to send a letter of appreciation. Upon a motion by Councilman Rogers, communication from Glenn H. Barnett, Mayor of California City, concerning efforts to qualify a constitutional amendment proposing extended paramutual wagering throughout the State and gaming within the cities of California City and Adelanto as an experimental twenty-five year pilot project for the State of California, was received and ordered placed on file. Council Statements. Councilman Christensen read a letter addressed to Council- man Rogers from Mr. Avery Allen, 1316 Radcliffe Avenue, requesting that the Columbus-Panorama entrance to the Sanitary Landfill be reopened as an "exit only" road. After discussion, upon a motion by Councilman Christensen, the Council went on record as being in favor of opening an "exit only" route from the Sanitary Landfill onto Panorama Drive. Mr. Avery Allen thanked the Council for their support. Bakersfield, California, July 14, 1975 - Page 3 3 Upon a motion by Councilman Rogers, Draft Environmental Impact Report regarding Use and Disposition of Property and Water Rights acquired by the City of Bakersfield from Tenneco West, Inc., in Settlement of Litigation, Volume I and II, dated July 14, 1975, prepared by Thomas M. Stetson, Civil and Consulting Engineers, was received and ordered placed on file. City Manager Bergen stated that copies of the Draft EIR were mailed today to numerous organizations, as required by law, and copies will be available, in the City Clerk's office, for sale to the public for the cost of printing, $20.00 plus tax. Reports. Progress Report from City Manager on Community Development Program. The City was notified on June 6 that its com- munity development application for the 1975-76 year has been approved. This informational report summarizes the current status of the plans to be undertaken during the next twelve months to implement the Community Development Program. PLANNING PROGRAM ($121,000) A total of $121,000 of the City's first-year funds have been allocated for development of a comprehensive community development plan. With this level of expenditure, the City will be able to accomplish in one year of planning what normally would require three years to complete. The plan will be divided into four categories as follows: Development of Policy Plan. This plan will identify existing city policies and recom- mend policy changes where necessary in such areas as annexation and urban growth, land use, transportation, environmental concerns, and public safety. Development of Target Area Plan. A specific target area plan will be prepared during the first year for those parts of the community which are generally characterized by physical blight and deterioration, substantial land use and/or transportation problems, and a disproportionate concentration of substandard housing units. The target area boundaries are generally Freeway 99 (west), Mount Vernon Avenue (eas0, Columbus Street (north), and Brundage Lane (south). 4 Bakersfield, California, July 14, 1975 - Page 4 The plan will include a survey of existing conditions and preparation of short, inter- mediate, and long-range plans for community improvement. The Plan will be prepared by the Community Development Department with assistance of a planning consultant firm. Proposals from planning consultants are presently being reviewed. The results will be presented to the City Council at the July 28 meeting. Development of a Resource Allocation Plan. This plan will include establishment of a priority system to assist in the allocation of city funds, including the Capital Improve- ment Program budget. Priority needs will be identified through such things as surveys, community meetings, and available statistical information. Revision and Modification of City Ordinances. Implementation of the community development plan will require adjustments in various city ordinances to conform with city policies and programs. NEIGHBORHOOD IMPROVEMENTS ($92,000) These improvements include construction of three storm drain projects ($75,000); construction of approximately 3,600 feet of curbs and gutters in older neighborhoods ($15,000); and purchase of seedlings for a city tree farm ($2,000). The storm drain projects will be scheduled for the early part of 1975. The staff is in the process of preparing specific guidelines for the other two projects. HOUSING IMPROVEMENTS ($7,000) These discretionary funds will be used by the Building Director to bring existing housing dwellings up to city housing code requirements. A determination will be made on a case-by-case basis of how these funds can be best allocated after initial appraisals and reviews of neighbor- hood areas. SPOT BLIGHT IMPROVEMENTS ($86,000) It is anticipated, at this time, that these funds will be spent in the downtown redevelopment area during the first year. Funds in future years will be spent in areas upon recommendations contained in the community development plan. With the exception of the planning program, all of the other projects scheduled for this year will require preparation of specific environ- mental impact reports. Bakersfield, California, July 14, 1975 - Page 5 5 This report is intended for informational purposes. The staff would be pleased to answer any questions regarding the program's current or proposed status. Councilman Strong questioned the staff regarding the hiring of a planning consultant firm. After considerable discussion, upon a motion by Council-. man Rogers, Progress Report from City Manager on Community Develop- merit Program, including a list of all planning consultant firms who submitted a proposal, was referred to the Governmental Efficiency and Personnel Committee for study, by the following roll call vote.: Ayes: Councilmen Rogers, Strong, Barton, Bleecker, Christensen Noes: Councilmen Medders, Seeales Absent: None Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 5-75 regarding Transfer of Funds for Construction of Landscaped Traffic Barriers in Downtown Area, as follows: In 1974, the City and the Downtown Business Association signed an agreement providing for the construction of landscaped traffic barriers on both sides of Chester Avenue in the down- town area. The agreement provided that the total cost of the structures originally esti- mated at $48,000 would be shared equally between the City and the Downtown Business Association. A total of $40,000 has been spent to complete the landscaped traffic barriers on the west side of Chester. This amount was more than originally estimated due to the installation of additional benches and landscaping. The Downtown Business Association concurred with these additional expenses. An additional $17,200 is needed to complete the remaining structures at six intersections on the east side of Chester Avenue. If the pro- posed downtown regional shopping center becomes a reality, the City Redevelopment Agency would reimburse the City and the Downtown Business Association for the value of any of the structures that had to be removed. The Budget Review and Finance Committee concurs with the recommendation of the Business Develop- Bakersfield, California, July 14, 1975 - Page 6 ment and Parking Committee that the City has made a commitment to complete this project in total, and that work on construction of the landscaped traffic barrier structures on the east side of Chester Avenue should proceed immediately. The Budget Review and Finance Committee recommends that $17,200 be transferred from the City Council Contingency Fund in order to complete this project by October l, 1975. Upon a motion by Councilman Medders, Report No. 5-75 of the Budget Review and Finance Committee regarding Transfer of Funds for Construction of Landscaped Traffic Barriers in Downtown Area, was approved and authorization was granted to transfer $17,200.00 from the Council's Contingency Fund Account No. 11-510-6100 to Account No. 25-795-9400. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4665 to 4905, inclusive, in the amount of $687,688.27. (b) Claim for Personal Injuries from Jean Parrish, 39 Kincaid Street. (Refer to City Attorney) (c) Claim for Damages from Rick Allen Brannon and Mary Grace Brannon, 14311 Addison, Apt. 110, Sherman Oaks, California. (Refer to City Attorney) (d) Claim for Damages from P. I. McDaniel, 418 Dahlia Street. (Refer to City Attorney) (e) Lease Agreement for City property at Treatment Plant No. 3 providing for development of land for agricultural purposes that will utilize the effluent water from the treatment plant. (f) Contract with Victor A. and Velma A. Supertino for improvements required under Parcel Nap 3036. (g) Plans and Specifications for the widening of the southerly extension of Wilson Road and widening a portion of Planz Road east of Wilson Road. (h) Plans and Specifications for resurfacing portions of Noble Avenue, Yale Avenue and Berkeley Street. Bakersfield, California, July 14, 1975 - Page 7 7 (i) Plans and Specifications for the construc- tion of Landscaped Traffic Barriers on "K" Street and "L" Street. Upon a motion by Councilman Christensen, Items (a), (b), (c), (d), (e), (f), (g), (h) and (i) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen Noes: None Absent: None Action on Bids. Upon a motion by Councilman Sceales, low bid of James G. Francis for improvement of "Q" Street from 34th Street to James Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Deferred Business. Adoption of Resolution No. 44-75 of the Council of the City of Bakersfield making assurances and making certain appointments pursuant to requirements for eligibility under the National Flood Insurance Program. Upon a motion by Councilman Sceales, Minute Order authorizing the Public Works Director to prepare and file an Application for Participation in the National Flood Insurance Program, was approved. Upon a motion by Councilman Sceales, Resolution No. 44-75 of the Council of the City of Bakersfield making assurances and making certain appointments pursuant to requirements for eligibility under the National Flood Insurance Program, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, Bleecker, None None Rogers, Seeales, Strong, Barton, Christensen Bakersfield, California, July 14, 1975 - Page 8 Adoption of Resolution No. 45-75 of the Council of the City of Bakersfield, indicating the Building Permit System which the City has adopted and the review procedure for the System. Upon a motion by Councilman Barton, Resolution No. 45-75 of the Council of the City of Bakersfield, indicating the Building Permit System which the City has adopted and the review procedure for the System, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Barton, Bleecker, Christensen Noes: Councilman Strong Absent: None Mr. Jack Pardee, State Department of Water Resources Board and State Coordinator for the National Flood Insurance Program, briefly explained the Flood Insurance Program to the Council and public. Adoption of Ordinance No. 2235 New Series of the Council of the City of Bakersfield repealing Sections 10.14.010 and 10.38.020 of Title 10 and adding Chapter 5.40 to Title 5 of the Municipal Code, establishing Regulations for the use of City Parks. During discussion Councilman Rogers asked if the new Park Regulations would be posted in each City Park. City Manager Bergen assured the Council that the regula- tions would be adequately posted. Upon a motion by Councilman Sceales, Ordinance No. 2235 New Series of the Council of the City of Bakersfield repealing Sections 10.14.010 and 10.38.020 of Title 10 and adding Chapter 5.40 to Title 5 of the Municipal Code, establishing Regulations for the use of City Parks, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Bleecker, Christensen Noes: None Absent: None Strong, Barton, Bakersfield, California, July 14, 1975 - Page 9 9 New Business. Approval of Preliminary Plans and Cost Estimate for construction of a Corporation Yard Facility. Councilman Bleecker requested that when construction begins on the new Corporation Yard that an effort be made to hold down the dust. Upon a motion by Councilman Medders, Preliminary Plans and Cost Estimate for construction of a Corporation Yard Facility, were approved. Deferral of request from Stockdale Development Company for approval of New Cul-De-Sac Design with Landscaped Parking Islands maintained by the City. The Planning Commission has reviewed the design and is of the opinion the cul-de-sac is conducive to a more pleasant residential environment and will minimize parking problems common to the standard cul-de-sac. Movement of City service vehicles and circulation by residents would also be improved by the proposed design. Stockdale Development Company estimates the initial construction cost at $5,800 per cul-de-sac; accordingly, the concept would be used in subdivisions designed for high-cost homes paying higher than average taxes. The Department of Public Works has estimated the cost to maintain each landscaped cul-de-sac at $250 per year. The Planning Commission felt the proposal has merit and recommended approval of the cul-de-sac design and City maintenance of the landscaping on a trial basis for a period of three years. Prior to the end of the three year period the Commission would evaluate cost versus tax revenues of the policy and report its findings to the City Council. If, after three years the Council decided to rescind the policy the City would be responsible for the maintenance of the existing landscaped cul-de-sac areas. l0 Bakersfield, California, July 14, 1975 - Page 10 Mr. Chuck Tolfree, representing Tenneco Realty Develop- ment Corporation, explained the cul-de-sac design to the Council and answered questions. After a lengthy discussion, upon a motion by Councilman Barton, request from Stockdale Development Company for approval of new Cul-De-Sac Design with Landscaped Parking Islands maintained by the City, was held over until the Council Meeting of July 28, 1975, for a staff report on the breakdown of manpower, maintenance costs and perpetual maintenance-impound account. Vice-Mayor Bleecker declared a brief recess at this time. Hearings. This is the time set for public hearing on application of Thomas F. Parker to amend the zoning boundaries from an R-3 (Limited Multiple Family Dwelling) Zone to a C-1 (Limited Commercial), or more restrictive, Zone, affecting that certain property in the City of Bakersfield commonly known as 1900 through 2008 Brundage Lane (even only). This hearing has been duly advertised, the property post,~d and the property owners have been notified as required by law. Subject property is located on the north side of Brundag,~ Lane between Oleander Avenue and "F" Street and is the only residentially-zoned property on Brundage Lane in this area. The Planning Commission found the C-1 zoning compatible with the zoning and development of adjacent properties and consistent with the Land Use Element of the General Plan. Vice-Mayor Bleecker declared the hearing open for public participation. Mrs. Rhea Stewart, 1904 Brundage Lane, objected to her property being included in this zone change. Community Development Director Foster stated that the original application included all the property from 1900 through Bakersfield, California, July 14, 1975 - Page ll ll 2008 Brundage Lane, however, the Planning Commission recommended that only 1900 and 2000 Brundage Lane be rezoned. The Commission's recommendation excluded Mrs. Stewart's property from being rezoned. Mr. Thomas F. Parker, the applicant, was present to answer questions of the Council. No further protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Medders, Ordinance No. 2236 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 1900 and 2000 Brundage Lane, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen None Noes: Absent: None This is the time set for public hearing on application of Anthony E. Wells to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located on the southwest corner of Wilson Road and Actis Road. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. The Planning Commission found the P.U.D. zoning of subject property compatible with the zoning and development of adjacent properties and consistent with the Land Use Element of the General Plan. Vice-Mayor Bleecker declared the hearing open for public participation. ]¸2 Bakersfield, California, July 14, 1975 - Page 12 Mr. David Fanucchi, President of the Italian Heritage Dante Association, adjoining property on the west side, stated they were not objecting to the rezoning of this property, but would like to be assured that an adequate retaining wall would be constructed and enough parking spaces will be provided so residents of this unit will not use their parking lot. Planning Director Sceales stated that as far as the retaining wall is concerned the final plan has not been submitted as yet and he cannot answer thai question at this time. In regards to Mr. Fanucchi's concern about parking, the City ordinance requires that the developer provide 2 1/3 parking spaces for each unit. Reverend Owen Jones, Pastor of the Seventh Day Adventist Church, 4201 Wilson Road, opposed the zone change because of increased traffic congestion and residents using the church parking lot. Mr. Anthony Wells, the applicant, stated that they are well aware that some type of retaining wall will have to be constructed and will submit a plan to the Planning Commission and Italian Heritage Association in the near future. No further protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Ordinance No. 2237 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain land located on the southwest corner of Wilson Road and Actis Road; and making findings in connection with P.U.D. Zone, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen Noes: None Absent: None Bakersfield, California, July 14, 1975 - Page 13 This is the time set for public hearing on application of the Bakersfield First Assembly of God to amend the zoning boundaries from an "A" (Agricultural) Zone and an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development), or more restrictive, Zone; and from an "A" (Agricultural) Zone and an R-1 (One Family Dwelling) Zone to an R-1-CH (One Family Dwelling - Church), or more restrictive, Zone, affecting those certain properties in the City of Bakersfield located on the southeast corner of California Avenue and the northwesterly extension of Marella Way. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. The Planning Commission found the proposed C-1-CH zoning of subject property compatible with the zoning and development of adjacent properties and consistent with the Land Use Element of the General Plan. The Planning Commission also approved the Planned Unit Development, as submitted, subject to the following conditions: 1. A landscape plan. 2. Two (2) emergency access gates in the masonry wall to be constructed along California Avenue. 3.A twenty-foot fire lane to be required along rear of complex 4. Two 3-cubic yard refuse bins to be required and placed on 8' x 6' x 4" concrete pads. Vice-Mayor Bleecker declared the hearing open for public participation. Mr. Don Johnston, representing Crestmont Oil and Gas Company, stated they are not objecting to the zone change but are concerned about their oil and gas lines and also the need for access lanes to service the wells. 14 Bakersfield, California, July 14, 1975 - Page 14 Reverend Fred Cottriel, Pastor of the Bakersfield First Assembly of God Church, the applicant, stated that the church would do everything possible to resolve these problems. No further protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Medders, Ordinance No. 2238 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of California Avenue and the northwesterly extension of Marella Way, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen Noes: None Absent: None Upon a motion by Councilman Medders, Ordinance No. 2239 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain land located on the southeast corner of California Avenue and the northwesterly extension of Marella Way and making findings in connection with P.U.D. Zone, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilman Medders, Rogers, Seeales, Bleecker, Christensen None Strong, Barton, None Bakersfield, California, July 14, 1975 - Page 15 Adjournment. There being no further business to come Council, upon a motion by Councilman Christensen, adjourned at 11:30 P.M. before the the meeting was VIC field, ATTEST: CITY ~L]~RK and Ex-O~cio Clerk of the Council of th~ City of Bakefield, California ma Calif. Bakersfield, California, July 28, 1975 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., July 28, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Donald A. Rogers. Present: The City Clerk called the roll as follows: Mayor Hart. Councilmen Rogers, Sceales, Strong, Barton (seated at 8:15 P.M.), Bleecker, Medders Absent: Councilman Christensen Minutes of the regular meeting of approved as presented. Correspondence. Upon a motion by Councilman Sceales, July 14, 1975 were communication from Mr. Rod Williams resigning from the Fire Department Civil Service Board, was accepted and the Mayor was requested to s~d a letter of appreciation. Upon a motion by Councilman Sceales, Mr. Don G. Simpson, 220 Oakbank Road, was appointed to fill the vacancy on the Fire Department Civil Service Board, created by the resignation of Rod Williams, term expiring December 31, 1977. Upon a motion by Councilman Sceales, communication from Ben M. Coale, 5705 Cypress Point Drive, on behalf of the citizens of Kern City, requesting the placing of a signal light at the intersection of Sundale Avenue and New Stine Road, was received and referred to the staff for study and recommendation. Reports. City Manager Bergen read a report regarding Consolidation of Police and Fire Department Alarm Monitoring System, as follows: BACKGROUND Police - Over the years, various persons have been permitted to install alarm annunciator units in the Communications Center of the Police Bakersfield, California, July 28, 1975 - Page 2 17 Department. There have been no guidelines established to regulate such installations. With the construction of the new Police Facilities and its modern centralized Communi- cations Center, continued maintenance and operation of the present alarm equipment is not possible for reasons of both space and security. Fire The Fire Department alarm system is being discontinued, and the fire alarm boxes are being removed as part of the implementation of the A.D. Little study. There are about 35 commercial establishments which have a direct connection to the existing alarm system. As these connections are removed, we will need to provide an alter- native means for them to transmit fire alarms. The retention of a partial system for these establishments is impossible because of the age of the existing equipment and space limitations in the new Centralized Communications Center that will not permit the relocation of the system repeaters. ANALYSIS In order that residents, commercial and indus- trial establishments and other facilities of present and future subscribers of private alarm companies and of persons maintaining their own private alarm system may be connected to the Centralized Communications Center, it is necessary that a consolidated alarm monitoring system be installed in the center to replace all of the equipment of private alarm companies, persons maintaining their own private alarm systems, and the Fire Department alarm system. It is proposed that such a system be provided in the form of an exclusive franchise for a period of five (5) years. Attached to this memo is a copy of: 1. The Advertisement for Bids. 2. The Resolution of Intention. 3. The Ordinance granting the franchise. These documents describe in great detail what the grantee will provide under the terms of the franchise. ACTION It is the request of the staff that the City Council authorize the advertisement for bids Bakersfield, California, July 28, 1975 - Page 3 for an exclusive franchise to install, maintain and operate a consolidated Police and Fire Alarm Monitoring System in and on City property. The Resolution and Ordinance will be acted upon at a later date after the bids are opened and analyzed. Captain James Ware of the Police Department answered questions of the Council. Upon a motion by Councilman Medders, the staff was authorized to advertise for bids for an exclusive franchise to install, maintain and operate a consolidated Police and Fire Alarm Monitoring System in and on City property. Consent Calendar. The (a) following items were listed on the Consent Calendar: Allowance of and 1 to 398, $590,381.07. Claims Nos. inclusive, 4906 to 5030, in the amount of (b) Claim for Damages from Jynona Norwood, 355 Scott Street, San Francisco. (Refer to City Attorney) (c) Claim for Personal Injuries Jean Duley, 6201 Wible Road, (Refer to City Attorney) from Elinote Space 6. (d) Claim for Personal Injuries Pollard, 3809 Apache Avenue. City Attorney) from Brice (Refer to (e) Request from Diane Tallon, Clerk Steno- grapher II, Police Department, for Leave of Absence Without Pay from June 27, 1975 for a period of 60 days or until she is able to return to work. (f) Application for Encroachment Permit from Harry F. Smith, 3412 Camden Street. (g) Plans and Specifications for addition to west wing of City Hall. (h) Drainage Easement from George Price, Jr., for construction and maintenance of storm drain line to serve the Adelante Vista Housing Project. Bakersfield, California, July 28, 1975 - Page 4 (i) Drainage Easement from the Housing Authority of the County of Kern for construction of storm drain line to serve the Adelante Vista Housing Project. The Housing Authority will construct the storm drain line. (j) DELETED (k) Map of Tract No. 3710 and Contract and Specifications for improvements therein - located north of Ming Avenue along east side of McDonald Way. (1) Map of Tract No. 3737 and Contract and Specifications for improvements therein located north of Wilson Road and along west side of Westholme Boulevard. (m) Final Map of Tract No. 3760 - located on north side of 18th Street, east of Oak Street and being developed by Kern-Cal Corporation. Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (f), (g), (h), (i) (k), (1) and (m), with deletion of Item (j), of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Bleecker, Medders Noes: None Absent: Councilmen Barton, Christensen Action on Bids. Upon a motion by Councilman Sceales, low bid of Kern Fence Company for fence alterations on South "H" Street between Ming Avenue and Wilson Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of Valley Office Supply for Annual Contract ACB 10576 - Office Supplies, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bids of Peabody Gallon for Refuse Body, Ray Gaskin Service for Refuse Packer Tail- gate Assemblies and Bakersfield Truck & Trailer Repair for Tilt Cab Glider Kits, were accepted and all other bids rejected. 2O Bakersfield, California, July 28, 1975 - Page 5 Upon a motion by Councilman Sceales, low bid of S. Salo~on Pipeline Construction Company for construction of the Actis Road Storm Drain, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, Inc. for resurfacing portions of Noble Avenue, Berkeley Street, was accepted, all other bids Mayor was authorized to execute the contract. low bid of Dicco, Yale Avenue and rejected and the Deferred Business. Bakersfield Cable TV's request for rate increase. At the Council Meeting of July 14, 1975 action was deferred until July 28, 1975 to allow the staff sufficient time to analyze and evaluate the financial information submitted by Bakersfield Cable TV. Mr. B. Jack Long, Vice-President of Bakersfield Cable TV, Inc., read the following letter into the record: Honorable Mayor and Members of the Council City of Bakersfield 1501Truxtun Avenue Bakersfield, California 93301 Re: Bakersfield Cable TV, Inc. Rate Adjustment Review On April 10, 1975, Bakersfield Cable TV filed with your Council a request for an adjustment to rates and charges. Subsequent to the Company's filing, a request was made for addi- tional financial data and such was provided on April 22, 1975. There followed, on May 12, 1975, a public hearing on the Company's request. At that public hearing, several issues were raised and additional review of financial data was requested of your staff. We believe the financial review has been completed by your Department of Finance. We would like, at this time, to respond to issues that have been raised and also, to apprise you of the Company's capital improve- ment plans. Bakersfield, California, July 28, 1975 - Page 6 2! First, a series of question/complaints were submitted to us by Councilman Bleecker. The attachment to this letter responds to each of those questions/complaints. Recognizing that service is the only product Bakersfield Cable TV has to offer the public, we deem it necessary to evaluate that service on a continuing basis. Furthermore, because CATV is a "state-of-the-art" industry, a continuing evaluation is necessary to accommo- date improvements to facilities resulting from new technology. The Company fully intends to use revenue generated by the requested rate adjustment to perform several capital improvements to the CATV system. Construct and operate an AML microwave dis- tribution system within the Bakersfield CATV system. The most positive benefit to come from this relatively new distribution concept will be the elimination of the fifteen mile sub-low main trunk necessary to feed signals from the headend facility. Added benefits will be the reduction of amplifier cascade on the CATV feeder system. Overall, there will be a higher level of signal throughout the system. An added benefit to come with the new AML system will be the provision of new FM service-- a service that will accommodate more than twenty FM stations. The cost of this new system will be $162,700. The Company's original investment was made in 1965 and 1966. CATV plant facilities are basically a ten year life and the Company will be implementing rebuild of the plant miles constructed in 1965. The re- building of the 51 miles of facilities will cost $382,500. The 129 plant miles constructed in 1966 to be scheduled for rebuild beginning 1976 will cost $967,500. The 20 plant miles constructed in 1967 and to be scheduled for rebuild beginning 1977 will cost $180,000. An additional subscriber service presently under consideration is a more sophisticated graphic display information channel to be used when one or more of the present broad- cast stations are off-the-air. This infor- mation channel will be used for the dissemina- tion of weather and community-interest 22 Bakersfield, California, July 28, 1975 - Page 7 information, and, possibly financial infor- mation from major stock exchanges. The cost will approximate $10,000. In summary, the capital improvements, through 1976 only, as stated above are: AML Microwave/FM System $ 162,700 1975 Plant Facilities Rebuild 382,500 1976 Plant Facilities Rebuilt 967,500 Subscriber Information Channel (Pending Evaluation) 10,000 TOTAL $1,522,700 Accumulation of Capital Reserve: Years 1971-1975 ( 618,570) (Negative Return for years 1965-1970) Funds needed to perform capital improvements 904,130 If the rate increase can be made effective September l, 1975, the additional revenue generated during 1975 will be only $93,160. For the year 1976, the additional revenue generated will be only $279,480. After taxes and City gross receipts payment the net income increase generated from the proposed rate adjustment will be only $180,730 through 1976. As can be seen the additional net revenue generated by the proposed rate adjustment covers only 20.7% of the funds needed to per- form these capital improvements. This has been a rather long narration but it is difficult to cover in only a few sentences. We thank you for your patience and respectfully request your approval of our rate adjustment. Respectfully submitted, BAKERSFIELD CABLE TV, INC. B. Jack Long, Vice-President Councilman Bleecker moved that prior to granting Bakers- field Cable TV., Inc. a rate increase that the City Attorney be instructed to prepare an agreement incorporating the improvements Bakersfield, California, July 28, 1975 - Page 8 23 as outlined in their letter and the agreement be submitted to the Council for approval. Mr. John Martin, Chief Financial Officer for Bakersfield Cable TV, Inc., answered questions of the Council regarding their financial status. Mr. Nathan Krevitz, commented on the quality of service provided by Bakersfield Cable TV and the problems he has had with their billing process. Councilman Strong offered a substitute motion that Bakers- field Cable TV be granted the requested rate increase, contingent upon the improvements, as outlined in their letter, being incor- porated in an agreement for Council approval. After discussion Councilman Strong withdrew his substitute motion. Councilman Sceales questioned the reason for delaying this request when the Council did not delay the rate increase for Warner Cable TV. After a lengthy discussion, Councilman Bleecker's motion, that prior to granting Bakersfield Cable TV, Inc. a rate increase that the City Attorney be instructed to prepare an agreement incorporating the.improvements as outlined in their letter and the agreement be submitted to the Council for approval, was approved by the following roll call vote: Ayes: Noes: Absent: vote, Cable Councilmen Rogers, Councilmen Sceales, Medders Councilman Christensen Councilman Medders stated, that he TV, Inc. Strong, Barton, Bleecker in qualifying his negative is opposed to the rate increase for Bakersfield Bakersfield, California, July 28, 1975 - Page 9 New Business. Approval of Construction Change Order No. 2 to Contract No. 74-109 with Fred S. Macomber for work on Police Building Project. This proposed change order adjusts the contract price for several revisions, additions and deletions of contract work. Change Order No. 2 results in a deduction of $1,115.68 in the contract price. In addition, the contract completion date would be extended from March 16, 1976 to March 19, 1976 to allow for 3 days of inclement weather. Upon a motion by Councilman Medders, Construction Change Order No. 2 to Contract No. 74-109 with Fred S. Macomber for work on Police Building Project, was approved and the Mayor was authorized to execute same. Approval of Annexation Boundaries designated as Hughes No. 2. Upon a motion by Councilman Sceales, Annexation Boundaries designated as Hughes No. 2, located near the southeast corner of White Lane and Hughes Lane and containing 1.76 ! acres of undeveloped and uninhabited land, were approved and referred to the City Engineer and City Attorney for referral to LAFC. Approval of Contract between the City of Bakersfield and the Greater Bakers- field Chamber of Commerce for the service of Advertising the City and Promoting the Industrial Development of the City. Upon a motion by Councilman Medders, Contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce for the service of Advertising the City and Promoting the Industrial Development of the City, was approved and the Mayor was authorized to execute same. Bakersfield, California, July 28, 1975 - Page 10 5 Approval of Contract between the City of Bakersfield and the Greater Bakers- field Chamber of Commerce providing for the Operation of a Convention Bureau. Upon a motion by Councilman Medders, Contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce providing for the Operation of a Convention Bureau, was approved and the Mayor was authorized to execute same. Approval of Amendment to Preliminary Wastewater Service Agreement with Anheuser-Busch, Inc. This amendment will reduce the maximum sewage loading per day that Anheuser-Busch, Inc. can discharge to Treatment Plant: No. 3. The reduction will not curtail their normal operations, but will provide the City a significant operating margin between the normal plant loading and the design plant loading. This operating margin should minimize any possible reoccurrence of overloading that caused the recent problems at Treatment Plant No. 3. Upon a motion by Councilman Sceales, Amendment to Preliminary Wastewater Service Agreement with Anheuser-Busch, Inc., was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 46-75 of the Council of the City of Bakers- field finding and determining that a subsequent E.I.R. need not be prepared for the proposed sale and development of certain real property in the Down- town Bakersfield Redevelopment Project. Upon a motion by Councilman Barton, Resolution No. 46-75 of the Council of the City of Bakersfield finding and determining that a subsequent E.I.R. need not be prepared for the proposed sale and development of certain real property in the Downtown Bakersfield Bakersfield, California, July 28, 1975 - Page 11 Redevelopment Project, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Bleecker, Medders Noes: None Absent: Councilman Christensen Adoption of Resolution No. 47-75 of the Council of the City of Bakersfield approving the proposed sale of real property in the Downtown Redevelopment Project, and approving the proposed Disposition and Development Agreement pertaining thereto. Upon a motion by Councilman Bleecker, Resolution No. 47-75 of the Council of the City of Bakersfield approving the proposed sale of real property in the Downtown Redevelopment Project, and approving the proposed Disposition and Development Agreement pertaining thereto, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Bleecker, Medders Noes: None Absent: Councilman Christensen Approval of Application for Encroach- ment Permit from Julian and James A. Weston. Upon a motion by Councilman Bleecker, Application for Encroachment Permit from Julian and James A. Weston, for 3" foundation encroachment along southwest corner of l?th and "L" Streets for Wells Fargo Bank building, was approved by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Bleecker Medders Noes: None Absent: Councilman Christensen Bakersfield, California, July 28, 1975 - Page 12 27 Approval of Transfer of Funds for New Police Building Vehicle Maintenance Facility and Office Furniture. At the time the Police Facility contract was let, monies for the construction of a vehicle maintenance facility and furniture were earmarked within the Unapplied Revenue Sharing Fund but were not appropriated until such time as the actual amount could be determined. The total transfer amounts to $150,000.00; $110,000.00 for the vehicle maintenance facility and $40,000.00 for office furniture. Upon a motion by Councilman Bleecker, Budget Transfer from Account No. 55-510-6100 in the amount of $20,000.00 and Account No. 56-510-6100 in the amount of $130,000.00 to Account No. 56-620-7100 in the amount of $40,000.00 and Account No. 56-620-9200 in the amount of $110,000.00, for new Police Building Vehicle Maintenance Facility and office furniture, was approved by the following roll call vote: Ayes: Councilmen Rogers, Seeales, Barton, Bleecker, Medders Noes: Councilman Strong Absent: Councilman Christensen Councilman Strong clarified his negative vote by stating that he has been very concerned about the manner in which Revenue Sharing Funds are handled by the Council and staff, and this is just another example of the staff not adequately informing the Council or not taking steps necessary to qualify the expenditure of these monies in the manner prescribed by HUD. Hearings. This is the time set for public hearing on application of Dallas Thompson to amend the zoning boundaries from an R-1 (One Bakersfield, California, July 28, 1975 - Page 13 Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling), or more restrictive, Zone, affecting that certain property in the City of Bakersfield commonly known as 309 Oleander Avenue. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. ~e Environmental Impact Report is on file. Subject parcel is located on the southwest corner of Buena Vista Street and Oleander Avenue. All properties fronting Oleander Avenue, within this area, are zoned R-1 (One Family Dwel]~ing). Seven residents and property owners on Oleander Avenue, within the area, submitted letters and/or spoke in opposition to the propose([ zone change. The Planning Commission was of the opinion rezoning of subject property would set a precedent for additional requests fox' rezoning along Oleander Avenue and, accordingly, recommended against the application. The City Clerk's Office received a letter from F. George, Hay, 300 Oleander Avenue, with a copy of a petition signed by 76 residents in the immediate area, opposing the zone change. Mayor Hart declared the hearing open for public partici-. pation. The following persons spoke in opposition to the proposed zone change: Mr. Mr. Mr. No Don Schuett, 311 Oleander Avenue George Hay, 300 Oleander Avenue James Strong, 150 Oleander Avenue further protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Bakersfield, California, July 28, 1975 - Page 14 Upon a motion by Councilman Medders, Zoning Resolution No. 246 denying application of Dallas Thompson to amend Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 309 Oleander Avenue, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Rogers, Medders None Council, adjourned at 9:50 P. Sceales, Strong, Barton, Bleecker, Councilman Christensen Adjournment. There being no further business to come before the upon a motion by Councilman Medders, the meeting was M. ~ th~ y of Bakersfield, Calif. ATTEST: CITY ~F. ERK an'd~Ex-~ficio Clerk of the Council of the City of Bakersfield, California ma 3O Bakersfield, California, August 11, 1975 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., August 11, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Captain David C. Patrick of the Salvation Army - Men's Rehabilitation Center. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Sceales, Strong, Barton, Bleecker, Medders, Rogers Councilman Christensen Absent: Minutes of the regular meeting of approved as presented. Scheduled Public Statements. Mrs. Walter Monroe, 236 North Stine Road, July 28, 1975 were stated that Martin's Market sponsors a softball team that has recently qualified for a berth in the "World Softball Tournament" to be held in Appleton, Wisconsin, starting August 22nd and requested financial aid to h~lp send the team to the 10-day tournament. Mrs. Monroe introduced Mr. Ron Chambers, Team Manager, who in turn introduced several members of the team. Mayor Hart suggested that Mr. Chambers contact him in the morning and he would put him in touch with organizations that might be able to help in raising the funds required. Mrs. Jill Haddad, 2501 Crest Drive, requested that the Council rescind the new Refuse Collection Ordinance requiring that refuse containers be placed at the curbside in residential areas. Councilman Bleecker read a statement regarding the new Curbside Refuse Collection Ordinance, as follows: "Sometimes in our interest to make savings, particularly during these inflationary times, the Council and the staff may err. It is the Council's leadership which over the years has kept the tax rate down and, at the same time, given policy direction to the staff in order to provide the best services available to the citizenry of Bakersfield. I think the services Bakersfield, California, August 11, 1975 - Page 2 31 provided now are, for the most part, to be admired by any other city in California, and I think this enviable position has come about three ways. First, and most important of all, the taxpayers and citizens have taken effective interest in city government and have made their wishes known on a wide variety of issues and programs which have made Bakersfield an excellent city in which to live. Secondly, these same citizens have seen fit over the years to elect a Council which, all- in-all, has steadfastly protected the concept that this is the people's city. The people come first, and each of us must be responsive to them, and each of us must in our own way represent our constituents with intelligence and vigor on whatever the issue may be. Thirdly, these same citizens have chosen a Council which has picked wisely in its City Manager who has in turn seen to it that his staff and all the rest of our trusted employees are responsive to the needs of the people. I look upon this as a very workable tripartite agreement between the people, the Council and the city employees. This is the way it should be, and I hope it never changes. In my first remark, I said sometimes the Council may err. Well, this is one of those times. I think we made a mistake when we unanimously approved Ordinance No. 2234 requiring front- yard refuse pickup beginning next Monday, August 18. I will tell you quite candidly that the approxi- mate $55,000 yearly savings involved overruled my best judgment and I failed to consider many important ramifications until they were brought to my attention (sometimes not so politely) by the people. I think, perhaps, each Councilman must have had similar experience. So, Mr. Mayor, without taking more of the Council's time, and with the assurance from the City Manager that the budget can and will be balanced and that the ad valorem tax rate need not be raised, I move that Ordinance No. 2234 of the City of Bakersfield regarding curbside refuse pickup be amended so that this type of pickup will not be required and that it be made an emergency ordinance." Councilman Barton concurred with Councilman Bleecker's statement and read into the record a letter from Councilman 32 Bakersfield, California, August 11, 1975 - Page 3 Christensen, who could not attend the meeting due to illness, as follows: Honorable Mayor and City Council City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Gentlemen: Due to doctor's orders, I will be unable to attend council meetings and vote on the issues considered by council for the next month. I have asked Councilman Barton to read this letter at the August 11 council meeting so that my views on curbside refuse collection may be publicly expressed and become a part of the council's records. When curbside refuse collection was first presented to the council, hasty action was taken without fully weighing the unequal impact the action would have on the taxpayers. The many city residents who have alleys are un- affected by our action. However, those with- out alleys will be plagued with several additional burdens such as moving heavy garbage cans to their curbs, purchasing carts or dollies to accomplish this movement, putting up with the stench and unsightliness of the trash cans along the curbs, etc. After thorough analysis of the Curbside Refuse Collection Memorandum dated August 11, 1975, I should like to admit that my hasty vote on June 23 was wrong. I would like the record to show that I now wish to rescind that vote. Sincerely, J. M. "Chris" Christensen Adoption of Emergency Ordinance No. 2240 New Series of the Council of the City of Bakersfield amending Sub- section (b) of Section 8.48.040 of the Municipal Code concerning Refuse Collection. Upon a motion by Councilman Bleecker, Emergency Ordinance No. 2240 New Series of the Council of the City of Bakersfield amending Subsection (b) of Section 8.48.040 of the Municipal Code concerning Refuse Collection, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Bleecker, Medders, Rogers Noes: None Absent: Councilmen Christensen Bakersfield, California, August 11, 1975 - Page 4 Correspondence. Upon a motion by Councilman Medders, communication from the Downtown Business Association, dated August 7, 1975, opposing the closing of the downtown Post Office, was received and ordered placed on file. Upon a motion by Councilman Rogers, communication from the State Department of Transportation, dated July 28, 1975, regarding the City of Bakersfield's request for additional ramps at the Mount Vernon Interchange, was received and referred to the Special Freeway Interchange Committee comprised of Mayor Hart, Councilman Rogers and Councilman Christensen, for study and recommendation. Upon a motion by Councilman Sceales, communication from Mr. & Mrs. F. C. Porter, 5701 Cypress Point Drive, Kern City, requesting that consideration be given to installation of a traffic signal at the intersection of New Stine Road and Sundale Avenue, was received and referred to the staff for study and recommendation. City Manager Bergen stated that a study of this inter- section was made in May, 1975, and at that time it did not meet warrants for a traffic signal, but the staff feels that additional developments have taken place since that time to justify another study. The staff does not want to make a study during the summer months because part of the warrants for that intersection would be based on school traffic and it will probably be 30 to 60 days before a report and recommendation can be presented to the Council. Reports. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 3-75 regarding Approval of Downtown Improvement District Budget for 1975-76, as follows: On August 5, 1975, the Council Business Develop- ment and Parking Committee met with representatives of the Downtown Improvement District to consider the District's proposed budget for 1975-76. 34 Bakersfield, California, August 11, 1975 - Page 5 The proposed budget of $48,500 is up $8,885 over actual 1974-75 expenses. The major increases include a salary adjustment for the executive director, added expenses for rent and janitorial service due to office relocation, and additional costs for promotion and advertising activities. The proposed budget incorporates the same criteria or formula used during the previous year with the Downtown Business Association sharing a flat 15 percent in most budget account items. The Business Development and Parking Committee recommends that the City Council approve the 1975-76 Downtown Improvement District Budget as submitted. Jacqueline Parish, Director of the Downtown Business Association, answered questions of the Council. Upon a motion by Councilman Barton, Report No. 3-75 from the Business Development and Parking Committee, was accepted and Budget for the Downtown Improvement District for Fiscal Year 1975- 76, was approved. City Manager Bergen read a report regarding requested Rate Increase of Kern County Transportation Services, as follows: On June 30, 1975, Kern County Transportation Services, Inc. submitted a letter to the City requesting a rate adjustment for taxicab companies operating in the City of Bakersfield. The company is specifically requesting an increase in the present flag drop from $.50 to $.80. This would also result in an increase in the total first mile cost from $1.10 to $1.40. Attached to this memorandum is a survey of present taxi rates in selected California cities. The survey shows that the average flag drop rate is $.72, considerably above that presently in effect in Bakersfield. The requested increase would put the local rate $.08 above this average. Mr. Phil Bradford of Kern County Transportation Services has indicated that the present taxi- cab meters are not adaptable to other than $.10 intervals without replacement of the entire drums. He estimates the cost of replacing the drums at approximately $2,500. The Finance Department has reviewed the financial information related to the requested rate increase. Bakersfield, California, August 11, 1975 - Page 6 35 As this memorandum indicates, the company net profit for the year ending March 31, 1976 would be 3.29 percent without the increase and 7.28 percent if granted. Based on an analysis of taxicab rates in other communities and the companies' financial condition, it appears that the requested rate increase is reasonable. Although the increase is slightly above the average of other surveyed cities, it is likely that many communities will be raising their rates in the near future. Mr. Bradford has indicated that this increase should be sufficient to allow the company to request increases on other than an annual basis in the future. The staff recommends that the City Council give serious consideration to granting this rate adjustment and that action be taken at the August 25 meeting. The two-week interval will allow time for public comment and input. Upon a motion by Councilman Rogers, City Manager's report regarding Requested Rate Increase by Kern County Transportation Services, was received and ordered placed on file. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 7.52.190 of the Municipal Code establishing Rates and Fares for Taxicabs in the City of Bakersfield. Upon a motion by Councilman Rogers, First Reading was considered given an Ordinance of the Council of the City of Bakers- field amending Section 7.52.190 of the Municipal Code establishing Rates and Fares for Taxicabs in the City of Bakersfield. City Manager Bergen read a report regarding U.S. Postal Service Regulations requiring Installation of Curbside Mailboxes in Single-Family Residential Areas, as follows: On June 23, 1975, the City Council voted unani- mously to oppose U.S. Postal Service regulations requiring installation of curbside or cluster mailboxes in single-family residential areas. Since that time, the staff has contacted both the California League of Cities and the National League of Cities and has been informed that many communities across the United States have written to protest these mail delivery require- ments. The National League of Cities, in 36 Bakersfield, California, August 11, 1975 - Page 7 cooperation with the U.S. Conference of Mayors, has formally expressed its opposition to the regulations. U.S. Senators Tunney and Cranston and Congressman Ketchum of Bakersfield have likewise notified the City that they are opposed to these requirements. An amendment to the Postal Reorganization Act of 1975, sponsored by Congressman Mineta of San Jose prohibiting curbside or cluster boxes without local govern- ment approval, has passed the House Subcommittee on Postal Service. The legislation will be considered by the full House after the August recess. If the legislation passes the House, it will then require Senate approval before being sent to the President. It is expected that this process will be completed by late September or sometime in October. However, since the date of the City Council action, the staff has found out, contrary to information earlier received, that the Postal Service's present regulations which were adopted in 1972 already allow local post offices the option of requiring curbside mailboxes or clustered mailboxes. The proposed 1975 regu- lations, in fact, only remove the option of door-to-door service in new residential areas. This option, in fact, has practically already been removed because of Postal Service budgetary restraints. Members of the City's staff have held two meetings with a number of individuals in the land development, building, and real estate business to discuss both the curbside and cluster mailbox requirements. At the conclusion of these meetings, it was agreed that the cluster-type concept would not be practical at this time and that, therefore, the City would have to work out the best possible solution to conform to the curbside mailbox provision. The staff has also met with local post office representatives. The post office has indicated its willingness to make the curbside delivery requirement apply only to new tracts developed after August 1. Since the curbside requirement is already in effect and legislation to overturn it is un- certain, the staff feels the City has no other alternative than to comply at this time. There- fore, the staff will notify builders and developers of all new proposed tracts of this requirement. The staff is also in the process of preparing the appropriate ordinance to conform to the curbside requirement. If the pending federal legislation to overturn it does not materialize within a reasonable amount of time, the staff will submit the ordinance for city council action. Bakersfield, California, August 11, 1975 - Page 8 City Manager Bergen read a report regarding Hiring of Planning Consultant Firm to Assist City in Preparation of Community Development Plan, as follows: On July 14, 1975, the staff submitted a report to the City Council outlining the present status of the City's Community Development Program for the 1975-76 Fiscal Year. The report indicated that the funds allocated for city-wide planming purposes would be used, in part, to develop a specific community development plan for the geographical area generally bounded by Freeway 99 (west), Mount Vernon Avenue (east), Columbus Street (north) and Brundage Lane (south). The plan will include a comprehensive survey of existing conditions; establishment of City goals, objectives, policies, and priorities; and the preparation of short, intermediate, and long- range plans for community development. The plans will be developed in such a manner that they can be tied into the City's capital improve- ment program. In order to complete this plan in a reasonable amount of time, and also avoid the hiring of additional full-time staff, proposals have been solicited from planning consultant firms to assist the City in this effort. It has been emphasized to those firms contacted that their role will be to supplement staff, and that they will work specifically under daily city staff direction. In short, the plan to be recommended to the Planning Commission and the City Council will be the Community Development Department's "plan" and not that of the consultants. A total of ten detailed proposals were received from planning consultant firms interested in this project. Seven of these firms were then interviewed by staff from Community Development, Public Works, and the City Manager's Office. Based on these interviews, review of the firms' previous work, and reference checks, the staff feels that Quad Consultants of Visalia, Cali- fornia, can best provide this service to the City. Quad Consultants is recommended to assist the City in the project for the following major reasons: 1. They are a San Joaquin Valley firm, familiar with the Bakersfield area. The firm's partners have had extensive city government experience in the valley--one as a city manager, and the other as a planning director. Bakersfield, California, August 11, 1975 - Page 9 $. The firm has indicated that it will open a Bakersfield office to insure daily contact. 4. The firm has committed a substantial number of hours of its principals to this project. The firm has also committed the greatest number of total hours to this project of any firm interviewed. Quad Consultants has indicated that it is well aware of the importance of continued contact with both the City Council and the Planning Commission during the duration of this project. In addition to personal contacts, the firm will also submit written reports upon the completion of each task outlined in the contract. The consultants, in their proposal, have emphasized the need to "provide for early, continuing, supportive involvement in, understanding of, and concurrence in the total Area Planning Program by not only the area community, but most importantly, the Planning Commission and Council ..... " It is recommended that the City Council take the following action: Approve the hiring of Quad Consultants to assist the City in the preparation of the Community Development Area Plan. Authorize the initial expenditure of up to $2,360 from Community Development funds for Task I. Task I will include initial contacts with the City Council and Planning Commission, review and analysis of presently related city programs and activities, familiarity with the scope and extent of existing data, and preparation of a more detailed and specific work program outlining the tasks involved in preparing the plan, scheduling timetables, and a clear delineation of the responsibilities of the City and the consultant. The detailed work program, to be completed in two to three weeks, will then be incorporated into a contract for City Council approval. Mr. Harry Tow, representing Quad Consultants, was present to answer questions of the Council. After discussion, upon a motion by Councilman Medders, hiring of Quad Consultants to assist the City in the preparation of the Community Development Area Plan, was approved and authorization Bakersfield, California, August 11, 1975 - Page 10 39 was Community vote: Ayes: Noes: Absent: Development Funds granted for the initial expenditure of up to $2,360 from for Task I, by the following roll call Manager, Councilmen Sceales, Rogers Strong, Barton, Bleecker, Medders, None Councilman Christensen Upon a motion by Councilman Bleecker, report from City dated August 11, 1975, regarding Curbside Refuse Collection with attached memorandum from Director of Public Works Bidwell, dated August 7, 1975, Subject: Status Report on Enforcement of Amendment to Refuse Ordinance and Reasons for Eliminating Walk-In Collections, was received and ordered placed on file. Michael Belluomini, Intern Planner for the Community Development Department, presented a status report on the Medical Centers Planning Program to develop long-range and short-range plans and policies for the development of the areas around San Joaquin and Mercy Hospitals. During discussion Councilman Bleecker requested property owner, in these two areas be notified, now, that a part of the Medical Centers Planning Program and that they be given some indication as to what this program entails, and also that they might be subject to the right of eminent domain at some point in time. Councilman Rogers stated that the flow chart should be changed so that public input is included at the beginning of the program rather than at the end. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 399 to 541, inclusive, in the amount of $319,959.00. that every they are 4O Bakersfield, California, August 11, 1975 - Page 11 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) (n) Claim for Damages from Park Orrison, 2804 Bucknell, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Fred Usscry, 6705 Cherrywood Street, Bakers- field. (Refer to City Attorney) Claim for Damages from Willie Heron, 309 West Alondra Street, Compton, California. (Refer to City Attorney) Change Order No. 1 to Contract No. 75-60 with Metro Electric for construction of Tennis Court Lighting at Siemon Park. Notice of Completion and Acceptance of Work on construction of Tennis Court Lighting at Siemon Park - Contract No. 75-60 with Metro Electric. Notice of Completion and Acceptance of Work on construction of Underdrain Systems at Centennial Park and Pacheco Greenbelt - Contract No. 75-57 with Micon. Application for Encroachment Permit from Bill Martin, 926 - 31st Street. Application for Encroachment Permit from David B. Jones, 2220 "L" Street. Easement for Turnaround and Access Purposes from Tenneco Realty Development Corporation - for approved Tentative Parcel Map No. 2901 for west end of Charter Oaks Drive. Easement for Public Road Purposes from Tenneco Realty Development Corporation - for extension of Marella Way from Montclair Street to California Avenue for approved Tentative Parcel Map No. 2901. Map of Tract No. 3747 and Contract and Specifications for improvements therein - located north of Hahn Avenue and easterly of New Stine Road. Map of Tract No. 3745 and Contract and Specifications for improvements therein - located north of Planz Road and easterly of Wilson Road. Map of Tract No. 3757 and Contract and Specifications for improvements therein - located north of Wilson Road between Edgemonf Drive and Ming Avenue. (o) Contract for improvements for Parcel Map No. 2901. Bakersfield, California, August 11, 1975 - Page 12 4! (d), and roll Ayes: Noes: Absent: (p) Contract for improvements for Parcel Map No. 3116. (q) Request from Bakersfield Sandstone Brick Company, 315 East 18th Street, for vacation of Inyo Street from south alley line of Blocks 143 and 144 to south right- of-way line of East 18th Street. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Strong, Items (a), (b), (c), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p) (q) of the Consent Calendar, were adopted by the following call vote: Councilmen Sceales, Strong, Barton, Bleecker, Medders, Rogers None Councilman Christensen Action on Bids. Upon a motion by Councilman Medders, bid of Power Lift Company of Bakersfield (only qualified bidder) for three 3-Wheeled Traffic Control Vehicles, was accepted and the other bid rejected. Upon a motion by Councilman Medders, usual bidding requirements were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate for a price for 5 Police Solo Motorcycles with Thorp's Harley-Davidson, Inc., the local dealer, the amount budgeted. Deferred Business. Agreement between Bakersfield Cable TV, Inc. and the City of Bakersfield This Agreement was ordered prepared at the time of the Cable TV rate hearing. It outlines what the cable company will do to upgrade its system. not to exceed 42 Bakersfield, California, August 11, 1975 - Page 13 Councilman Barton stated that he will agree to a rate increase for Bakersfield Cable TV, but cannot agree to the installation charge for new customers going from zero to almost $20.00. Mr. B. Jack Long, Vice-President and Chief Engineer of Bakersfield Cable TV, Inc., read the following letter into the record: August 6, 1975 Honorable Mayor and Members of Council City of Bakersfield 1501Truxtun Avenue Bakersfield, California 93301 Re: Bakersfield Cable TV, Inc. Agreement Between City and Cable TV Company Gentlemen: On July 28, 1975 Bakersfield Cable TV, Inc. appeared before the City Council and requested a rate review. At this hearing, the City Council asked for an agreement to be entered into between the City of Bakersfield and Bakersfield Cable TV, Inc., outlining certain capital improvements as indicated by the company. We are in receipt of said agreement drawn up by the Bakersfield City Attorney. Bakersfield Cable TV, Inc. accepts the agree- ment, however it must be recognized that the company can be subjected to delays by the FCC and utility companies and we want you to be aware of this. It is our full intention to fulfill our commit- ments to the best of our ability and we will begin to immediately implement our plans when the City executes the proposed Agreement. We recognize our responsibilities and will diligently carry out the terms of this agree- ment, but we must make you aware of the possi- bility of unavoidable delays that could cause us not to complete each phase on exact schedule. We would ask that you consider this letter and acknowledge the foregoing possibilities. Thank you for your cooperation in this matter. Respectfully submitted, B. Jack Long Vice President/Engineering Bakersfield, California, August ll, 1975 - Page 14 43 Councilman Bleecker questioned Mr. Long regarding delays that could occur as mentioned in the letter. Councilman Rogers moved that the City Attorney incorporate an additional paragraph in the Agreement whereby Bakersfield Cable TV, Inc. would provide, to the staff, a progress report on the eompany's capital improvements every six months. This motion carried by the following roll call vote: Ayes: Councilmen Seeales, Strong, Barton, Bleecker, Rogers Noes: Councilman Medders Absent: Councilman Christensen Councilman Strong moved that the Agreement, as amended, with Bakersfield Cable TV, Inc., outlining capital improvements the cable company has indicated it will make, be approved; and the rate increase as requested effective September 1, 1975, be granted. This motion resulted in the following tie vote: Ayes: Councilmen Seeales, Strong, Rogers Noes: Councilmen Barton, Bleecker, Medders Absent: Councilman Christensen Section 14 of the City Charter states, that in case of a tie vote by the Council the Mayor shall cast the deciding vote. Mayor Hart stated that he is a substantial stockholder in Warner Communications and asked the City Attorney if this is a real or imaginary conflict of interest. Mr. Long of Bakersfield Cable TV stated that he would like to clarify that Bakersfield Cable TV and Warner Cable TV are not associated in any way, shape or form. Assistant City Attorney Oberholzer stated that it is his understanding that the City has never granted a franchise to Warner Cable TV and it is only serving the City because of annexations. The control of this Council, with respect to the franchise ordinance, presently in existence, is only over Bakersfield Cable TV and since 44 Bakersfield, California, August 11, 1975 - Page 15 these two organizations are apparently completely unassociated he would rule that the Mayor does not have a conflict of interest and may exercise his vote. Mayor Hart stated that he would have to cast a negative vote on the motion to approve the agreement and rate increase, as requested, because of the initial installation cost for new customers. He further stated that he is not opposed to the rate increase only the initial installation cost and if that could be waived or withdrawn then he would support the motion. Mr. Long stated that if that is the deciding factor then they would withdraw the installation cost. Councilman Strong moved that the Agreement with Bakers- field Cable TV, Inc., outlining capital improvements they have indicated they will make and furnish progress reports every six months to the City, be approved; and rate increase, as requested, with the deletion of the initial installation charge for new customers, effective September 1, 1975, be granted. Assistant City Attorney Oberholzer stated that the City has a nonexclusive franchise with Bakersfield Cable TV, meaning that it is not exclusive to Bakersfield Cable TV and the Council could determine, at some time, that another competitor could come in the same area. In light of that there may be a conflict since the Mayor is a significant stockholder in a competitive business. Mayor Hart stated that due to a real or imaginary conflict of interest he would withdraw his vote. Councilman Strong's motion that the Agreement with Bakers- field Cable TV, Inc., outlining capital improvements they have indicated that they will make and furnish progress reports every six months to the City, be approved; and rate increase, as requested, with the deletion of the initial installation charge for new customers, Bakersfield, California, August ll, 1975 - Page 16 45 effective September l, 1975, be granted; was approved by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Rogers Noes: Councilmen Bleecker, Medders Absent: Councilman Christensen BAKERSFIELD CABLE TV, INC. SCHEDULE OF RATES AND CHARGES September l, 1975 RESIDENTIAL RATES Cable television service provided to a single-family living unit. I. Service Rates (Monthly) A. Primary Outlet B. Additional Outlet (each) C. F. M. Music Outlet (each)1 $ 6.95 1.00 1.00 (1) Applicable only when connection is in addition to the primary outlet II. Installation Charges A. Reconnect Service Outlet B. Additional Outlet Connection (each) C. Move/Relocate Outlet (each) D. Extend Outlet (each) E. F.M. Music Outlet (each) Prewire Dwelling in Construction Stage (3 outlets) G. Connect Prewired Home H. Abnormal Connection Charge (A normal connection to service a customer's primary outlet is 150 feet from the cable plant facilities. The abnormal connection charge would apply to requests where the service involved would be greater than 150 feet from the plant facilities) $ 9.25 9.25 9.25 9.25 9.25 27.75 9.25 Cost Plus 15% III. Surcharges Prorata of Actual Federal Communications Commission per subscriber fees; other Federal, State, County or City fees or taxes on cable television service or gross receipts (exclusive of income and property taxes); public broadcasting and copyright fees. COMMERCIAL RATES Commercial rates apply only to mobile home parks, condo- miniums, townhouses, apartments and the dwelling units must be 100% subscribed-for to qualify for this rate category and must be 46 Bakersfield, California, August 11, 1975 - Page 17 operated under one ownership with one customer billing. Further, the commercial rate only applies to multiple dwelling units in one building. Buildings may not be grouped for lower rates. I. Service Rates (Monthly) Apartments; - Non-Transient (Mobile Homes; Townhouses; Condominiums) A. Primary Outlet B. Additional Outlet II. Service Rates Hospitals) (each) $ 6.95 - 4-15 units 5.60 16-30 units 5.25 31-45 units 4.90 46-60 units 4.55 60 units and over 4.20 (Monthly) - Transient (Hotels; Motels; A. Primary Connection B. Additional Outlets III. Installation Charges $ 6.95 3.00 All necessary service I V. Surcharges Federal Communications Commission per subscriber fees; other Federal, State, County or City fees or taxes on cable television service or gross receipts (exclusive of income and property taxes); public broadcasting and copyright fees. Actual Cost + 15% Prorata of Actual New Business. Adoption of Resolution No. 48-75 of the Council of the City of Bakers- field, State of California, calling a public hearing to determine whether public necessity, health, safety or welfare require formation of an Underground Utility District within designated area. Upon a motion by Councilman Bleecker, Resolution No. 48-75 of the Council of the City of Bakersfield, State of California, calling a Public Hearing before the Council on September 8, 1975, to determine whether public necessity, health, safety or welfare require formation of an Underground Utility District within designated area, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Bleecker, Medders, Rogers Noes: None Absent: Councilman Christensen Bakersfield, California, August 11, 1975 - Page Adoption of Resolution No. 49-75 of the Council of the City of Bakers- field fixing a time and place for hearing protests by persons owning real property within territory desig- nated as "Panorama No. 2," proposed to be annexed to the City of Bakers- field. Upon a motion by Councilman Rogers, Resolution No. 49-75 of the Council of the City of Bakersfield setting September 29, 1975, in the Council Chambers of the City Hall as the time and place for hearing protests by persons owning real property within territory designated as "Panorama No. 2," proposed to be annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Bleecker, Medders, Rogers Noes: None Absent: Councilman Christensen Adoption of Resolution No. 50-75 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Panorama No. 2," and setting the time and place for hearing objections to the inclusion of said territory within said District. Upon a motion by Councilman Rogers, Resolution No. 50-75 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Panorama No. 2," and setting September 29, 1975, in the Council Chambers of the City Hall, as the time and place for hearing objections to the inclusion of said territory within said District, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Bleecker, Medders, Rogers Noes: None Absent: Councilman Christensen Bakersfield, California, August ll, 1975 - Page 19 Adoption of Resolution of Intention No. 907 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of 16th Street (adjacent to City Hall) in the City of Bakers- field. Upon a motion by Councilman Bleecker, Resolution of Intention No. 907 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of 16th Street (adjacent to City Hall) in the City of Bakersfield and setting September 8, 1975 for hearing on the matter before the Council, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Bleecker, Medders, Rogers Noes: None Absent: Councilman Christensen Adoption of Emergency Ordinance No. 2241 New Series of the Council of the City of Bakersfield, amending Section 11.04.620 of Title ll (Traffic Regu- lations) of the Municipal Code, concerning establishment of One-Way Streets. It is important that this ordinance become effective prior to opening of school the day after Labor Day. It would make Tartan Place a one-way south to north street and Piper Way a one-way north to south street. This will greatly assist in relieving the traffic congestion which exists on the streets leading to the Highland High School. During school periods eastbound cars on Auburn Street back up to Eissler Street presenting a danger to life and property of persons attempting to enter the school parking lot. Upon a motion by Councilman Rogers, Emergency Ordinance No. 2241 New Series of the Council of the City of Bakersfield, amending Section 11.04.620 of Title 11 (Traffic Regulations) of the Municipal Code, concerning establishment of One-Way Streets, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Bleecker, Medders, Rogers Noes: None Absent: Councilman Christensen Bakersfield, California, August 11, 1975 - Page 20 Approval of Contract between the City of Bakersfield and Horace W. Clark for School Crossing Guard Services. Upon a motion by Councilman Medders, Contract between the City of Bakersfield and Horace W. Clark for School Crossing Guard Services for Fiscal Year 1975-76, was approved and the Mayor was authorized to execute same. Approval of Lease from the City of Bakersfield to Haberfelde Ford for southerly 40 feet of existing Parking Lot between 16th Street and Alley. On April 28, 1975, the City Council adopted the Parking Needs Assessment" Study prepared by merit Department and authorized the staff to to implement the Parking Plan for City Hall. following two items will help achieve this objective. The items all pertain to the parking lot area immediately south of City Hall bounded by Eye Street and Chester Avenue on the west and east, and 16th Street and the alley on the north and south. Implementation of these actions will provide twenty-seven additional parking spaces for the City and nine additional spaces for Haberfelde Ford. This specific document provides for the leasing of the southerly 40 feet of the existing parking lot by the City to Haberfelde Ford at a rate of $150.00 per month for the five year duration of the lease. Upon a motion by Councilman Bleecker, Lease from the City of Bakersfield to Haberfelde Ford for southerly 40 feet of existing parking lot between 16th Street and alley, was approved and the Mayor was authorized to execute same. "Downtown the Community Develop- take the necessary steps This action and the 5O Bakersfield, California, August 11, 1975 - Page 21 Approval of Agreement between the City of Bakersfield and Haberfelde Ford for access between the Alley and 16th Street. Upon a motion by Councilman Bleecker, Agreement between the City of Bakersfield and Haberfelde Ford granting an easement to Haberfelde Ford for access between the Alley and 16th Street, was approved and the Mayor was authorized to execute same. Acceptance of Quitclaim Deed from George Haberfelde, Inc. Upon a motion by Councilman Bleecker, Quitclaim Deed from George Haberfelde, Inc. for that portion of 16th Street immediately north of the truck repair buildings, was accepted and the Mayor was authorized to execute same. Approval of Letter of Agreement with William H. Park for Special Seismic Study. The State Division of Mines and Geology has prepared a special study seismic map that conflicts with the seismic map prepared by the City and KernCOG. The data used by the State and the City differs. A significant difference exis~ which justifies further study. The City must respond to the State by September 30, 1975.. To comply with this the staff recommends that a letter of agreemenl; be entered into as outlined in the August 8, 1975 letter from William H. Park. A letter from KernCOG dated August 8, 1975, offered to recommend at the next KernCOG regular meeting (September 3, 1975) to reimburse at two-thirds of the $1,135.00 cost; the one-third City cost could probably be made up with in-kind staff time. Upon a motion by Councilman Medders, with William H. Park for Special Seismic Study, the Mayor was authorized to execute same. Letter of Agreement was approved and Bakersfield, California, August 11, 1975 - Page 22 5! ~earings. This is the time set for public hearing on application of Tenneco Realty Development Corporation to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, Zone; from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-1 (One Family Dwelling), or more restrictive, Zone; from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, Zone; from an R-3-D (Limited Multiple Family Dwelling - Architectural Design Zone to an R-1 (One Family Dwelling), or more restrictive, Zone; and from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-2-D (Limited Multiple Family Dwelling - Archi- tectural Design), or more restrictive, Zone, affecting those eight parcels of property in the City of Bakersfield lying within Section 10, Township 30 South, Range 27 East, M.D.M., in the City of Bakersfield located south of Ming Avenue, west of New Stine Road, north of Planz Road and east of Ashe Road. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. A negative declaration is on file and was posted on July 2, 1975. The proposed zone changes were within a planned Tenneco neighborhood bounded by Ming Avenue, Stine Road, Planz Road and Ashe Road. The Planning Commission found the proposed changes would result in a reduction in the overall housing density within the neighborhood and would be consistent with the Land Use Element of the General Plan. Mayor Hart declared the hearing open for public partici- pation. No protests or objections were received. Mr. Chuck Tolfree .52 Bakersfield, California, August 11, 1975 - Page 23 was present as a representative of Tenneco Realty Development Corporation, the applicant for the proposed zone change. The public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Ordinance No. 2242 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located south of Ming Avenue, west of New Stine Road, north of Planz Road and east of Ashe Road, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Rogers Noes: None Absent: Councilman Christensen Adjournment. There being no further business to Council, upon a motion by Councilman Strong, adjourned at 10:30 P.M. Bleecker, Medders, come before the the meeting was MA OR of the~eld, Calif. A TTES T: CITY C and E~£icio Clerk of the Council of the City of B~(l~ersfield, California ma Bakersfield, California, August 25,1975 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P. M., August 25, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Vernon Strong. Present: Absent: approved Minutes of the regular meeting of August as presented. Presentation of Retirement Plaque. Mayor Hart presented a retirement plaque the Public Works Department, The City Clerk called the roll as follows: Mayor Hart. Councilmen Strong, Barton, Bleecker, Medders, Sceales Councilmen Christensen, Rogers ll, 1975 were of with the City of Bakersfield, effective August 7, 1975. Scheduled Public Statements. Mr. Mortimer Lopez, 521 South Washington Avenue, that the Panorama Drive entrance to the Sanitary Landfill to two-way traffic. to Jack Phillips who completed 24 years of service requested be opened Mayor Hart suggested that he and Director of Public Works Bidwell meet with the County and try to resolve this issue and come back to the Council with a recommendation. Correspondence. Upon a motion by Councilman Sceales, communications from Mrs. Mildred McKaskle, 1301 New Stine Road, Apt. 216 and W. C. Myers, 5605 Cypress Point Drive, requesting installation of a traffic signal at the intersection of New Stine Road and Sundale Avenue, were received and referred to the staff for study and recommendation. Council Statements. Upon a motion by Councilman Bleecker, Robert F. Stuhr, 3131 California Avenue, Bill J. Wagner, 4540 Easton Drive and Fred C. Higgins, 3316 Panama Street, were appointed to fill three 54 Bakersfield, California, August 25, 1975 - Page 2 vacancies on the Board of Building and Housing Appeals, by the following roll call vote: Ayes: Councilmen Strong, Barton, Bleecker, Medders, Sceales Noes: None Absent: Councilmen Christensen, Rogers Councilman Bleecker requested that the Police Department notify the Public Works Department when there is a traffic accident in the City, as there are numerous places where the debris from these accidents has not been cleaned up. Reports. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 12-75 regarding Employee Vacation Accrual and Usage, as follows: The Governmental Efficiency and Personnel Committee recently reviewed the City's Personnel Ordinance regarding vacation accrual and usage. Based on past department head and union requests, this Committee and the staff are of the opinion that the present vacation policy is outdated and we recommend the following change: Vacation leave credited to the employee on a bi-weekly basis and eligible to be taken as earned, however, to be taken at the discretion of the depart- ment head. In order to implement this change, the Govern- mental Efficiency and Personnel Committee recommends Council approval of the attached amendments to the Personnel Ordinance, and further consider this report as first reading of the Ordinance. Upon a motion by Councilman Bleecker, Report No. 12-75 of the Governmental Efficiency and Personnel Committee regarding Employee Vacation Accrual and Usage, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield amending Subsection (e) and (f) of Section 3.18.190 of the Municipal Code, concerning Crediting and Use of Vacation. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Subsection (e) and (f) Bakersfield, California, August 25, 1975 - Page 3 55 of Section 3.18.190 of the Municipal Code, concerning Crediting and Use of Vacation. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 13-75 regarding Approval of Contract for Planner Positions in Community Development Department, as follows: The City's Community Development Grant for 1975- 76 includes funds for two associate planner positions to assist the Community Development Department in its planning program during the year. These positions were originally recom- mended to the City Council by the Planning Commission in their memorandum of February 3, 1975 and approved by the City Council for incorporation into the City's application for community development funds. The positions are to be filled on a contractual basis for a one year period and as such will not have civil service or permanent status. In order to ensure that the individuals remain for the contract duration, they will be given additional compensation of 25% at the completion of the contract period. This is equivalent to the fringe benefit compensation paid to regular civil service employees. A total of thirteen individuals were interviewed for the two positions. The candidates have been ranked in order of qualifications and experience. The Committee recommends that the City Council authorize the Mayor to execute contracts with the two best qualified of these individuals for planning services for the one year period. Upon a motion by Councilman Bleecker, Report No. 13-75 from the Governmental Efficiency and Personnel Committee, was accepted; and Contracts with the two best qualified individuals for Planner positions for a one year period in the Community Development Department, were approved and the Mayor was authorized to execute same. Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 6-75 regarding 1975-76 Budget Requirements and Tax Rate, as follows: The Budget Review and Finance with members of the staff and City's cash reserves, general menis and available funds for Committee has met reviewed the financing require- the 1975-76 budget 56 Bakersfield, California, August 25, 1975 - Page 4 year. A review of the requirements of Section 58 of the City Charter which establishes a basic general cash reserve policy for the City of Bakersfield, was also made. Based on these Charter requirements it was determined that the City's general reserve requirement as set forth in the Charter should now be at a minimum of $3,000,000 for the 1975- 76 year. Even though a portion of the equipment replacement reserve may be relied upon to cover some deficiency in the general reserve, it is the Committee's opinion that the general reserve should be maintained as near to the $3,000,000 level as available funds will provide. Funds are available from operating carry overs in excess of estimates from 1974-75. It is there- fore recommended that the general reserve be set at $1,790,000 for the 1975-76 budget year, which is the maximum amount now available. Other available funds which have materialized since the 1975-76 budget hearings are as follows: Council savings in budget hearings Assessed value tax increase Estimated revenue increases $140,000 275,000 239,940 $654,940 Offsetting these additional funds are the following needs: Budget increase for back & side yard pick up Loss in anticipated revenues from the Street & Roads Transportation Funds Increase required for other reserves $ 52,745 57,353 544,842 Total $654,940 The increase in the other reserve requirements indicated above for the 1975-76 fiscal year are for the following purposes. An increase in the payroll reserve to $960,000 is necessary in order to meet 1976-77 commitments made this year and to provide enough funds to cover one pay period. The Committee also found that the downtown parking garage will require a working capital reserve in the amount of $40,000. In addition, initial working capital require- ments for the Kern River Water enterprise for the 1975-76 year will be necessary. These are as follows: Salary purposes Water storage charges Property taxes Other operation & maintenance $160,000 25,000 65,000 50,000 Total working capital Reserve $300,000 Bakersfield, California, August 25, 1975 - Page 5 57 This advance will be returned to the City's general reserve when the water enterprise has operated for a period of time sufficient to accumulate its own reserve. In reviewing other City reserves, the Committee felt no other changes should be made. The capital outlay fund has a reserve of $90,000 which has been carried forward from prior years. In view of the known reduction in future gas tax revenues, which will have an adverse effect on the City's street construction program, the Committee proposes that no reduction be made. The equipment replacement reserves of $1,658,378 previously mentioned are those which have accumulated through normal depreciation charges. No change in that policy is proposed nor does the Committee propose any change in the policy of accumulating all required reserves for out- standing bond issues. In view of the above financial requirements and needs which must be maintained for the City's continued fiscal stability, the Committee recommends that the City Council retain the present property tax rate of $2.6219 for 1975- 76 and adopt the ordinance as submitted. Upon a motion by Councilman Medders, Report No. 6-75 from the Budget Review and Finance Committee regarding 1975-76 Budget Requirements and Tax Rate, was accepted. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 542 to 767, inclusive, in the amount of $363,825.28. (b) Application for Encroachment Permit from Ethel Herald, 2300 Calvin Street. (c) Easement for pipeline purposes from City to Pacific Gas & Electric Company for an existing gas line in the former alley of Block 315. (d) Street Right of Way Deed from Delfino Brothers providing 45 feet of right-of-way for south half of a portion of Planz Road between Stine Road and Akers Road. (e) Street Right of Way Deed from David W. and Bobbye L. Carpenter, husband and wife, for a corner cutoff at southwest corner of Butte Street and Sonora Street as required for Parcel Map 3150. (f) Street Right of Way Deed from Roy & and Helen B. Wattenbarger, for 30 feet of east half of Actis Road south of Wilson Road to Tract No. 3747. Bakersfield, California, August 25, 1975 - Page 6 (g) Claim for Damages from Rosedale-Rio Bravo Water Storage District. (Refer to City Attorney) (h) Plans and Specifications to widen and improve Planz Road between Stine Road and Real Road. (i) Map of Tract No. 3759 and Contract and Specifications for improvements therein - located south of Sundale Avenue and east of Ashe Road. (j) Contract for improvements for Parcel Map 3068 - located east of Stine Road and north of White Lane. Communication from Floyd R. & Victoria H. Bowen, 902 Stine Road, requesting annexa- tion and zone change, from R-1 to C-i, of that parcel of property abutting Stine Road on the east side and lying northerly (behind) the Albertson's-Skagg's shopping complex which is located on the northeast corner of Stine Road and Ming Avenue. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Bleecker, Medders, Seeales Noes: None Absent: Councilmen Christensen, Rogers Action on Bids. Upon a motion by Councilman Bleecker, bids of Jim Alfter for concrete work and Weaver Brick Contractor for masonry work on construction of Landscaped Traffic Barriers on "K" Street and "L" Street, were accepted and the Mayor was authorized to execute the contracts. Upon a motion by Councilman Sceales, low bid of Dicco, Inc., for surfacing of southerly extension of Wilson Road and widening of Planz Road, east of Wilson Road, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of Motorola Communications for Public Safety Satellite Receiver System, was accepted and the other bid rejected. Bakersfield, California, August 25, 1975 - Page 7 59 Upon a motion by Councilman Medders, low bid of William A. West Company for Tandum Suspensions for Refuse Trucks, was accepted and the other bids rejected. Upon a motion by Councilman Medders, usual bidding requirements were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price with Motorola Communications and Electronics for Radio Equipment for the Police Department, not to exceed the amount budgeted. Deferred Business. New Cul-De-Sac Design After discussion, upon a motion by Councilman Sceales, landscaped cul-de-sacs in new subdivisions for a one-year trial period, was approved. Adoption of Ordinance No. 2243 New Series of the Council of the City of Bakersfield amending Section 7.52.190 of the Municipal Code establishing Rates and Fares for Taxicabs in the City of Bakersfield. Upon a motion by Councilman Strong, Ordinance No. 2243 New Series of the Council of the City of Bakersfield amending Section 7.52.190 of the Municipal Code establishing Rates and Fares for Taxicabs in the City of roll call vote: Councilmen Strong, Ayes: Noes: Absent: Bakersfield, was adopted by the following Barton, Medders, Sceales Councilman Bleecker Councilmen Christensen, Rogers New Business. Adoption of Ordinance No. 2244 New Series levying upon the assessed valuation of the taxable property in the City of Bakersfield a rate of taxation upon each one hundred dollars of valuation for the Fiscal Year beginning July 1, 1975, and ending June 30, 1976. The City's tax rate of $2.6219 for Fiscal Year 1975-76 will remain the same as Fiscal Year 1974-75. 6O Bakersfield, California, August 25, 1975 - Page 8 Upon a motion by Councilman Medders, Ordinance No. 2244 New Series levying upon the assessed valuation of the taxable property in the City of Bakersfield a rate of taxation upon each one hundred dollars of valuation for the Fiscal Year beginning July 1, 1975, and ending June 30, 1976, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Bleecker, Medders, Sceales Noes: None Absent: Councilmen Christensen, Rogers Approval of Contract between the City of Bakersfield and Quad Consultants for Planning Services. Upon a motion by Councilman Bleecker, Contract between the City of Bakersfield and Quad Consultants for Planning Services, was approved and the Mayor was authorized to execute same. County Auditor-Controller authorized to add Delinquent Weed Abatement Assessments to the 1975-76 Secured Tax Roll. Upon a motion by Councilman Medders, the County Auditor- Controller was authorized to add Delinquent Weed Abatement Assess- ments levied during the Fiscal Year ending June 30, 1975, to the 1975-76 Secured Tax Roll. Adoption of Resolution No. 51-75 of the Council of the City of Bakers- field increasing the compensation to private Refuse Collector under Contract No. 65-72, effective August l, 1975. Contract No. 65-72 requires the City to review the com- pensation paid to contractor on the basis of the Consumer Price Index. The Public Works Department has made the required review and on that basis recommends the compensation payable to the contractor be increased by 12.6% as calculated under the terms of the contract. This increase was anticipated during budget deli- berations. The total percentage adjustment for the period August 1, 1972 to August l, 1975 amounts to 29.1% of the gross amount. Bakersfield, California, August 25, 1975 - Page 9 6! of sation to private Refuse effective August 1, 1975, vote: Ayes: Noes: Absent: Upon a motion by Councilman Medders, Resolution No. 51-75 the Council of the City of Bakersfield increasing the compen- Collector under Contract No. 65-72, was adopted by the following roll call Councilmen Strong, Barton, Bleecker, Medders, Sceales None Councilmen Christensen, Rogers Adoption of Resolution No. 52-75 of the Council of the City of Bakers- field to include Car Rental Business in list of permitted uses in the C-1 Zone. The Planning Commission on August 20, 1975, considered a request to include a car rental business, not more than 12 passenger cars, as a permitted use in the C-1 Zone. Under Section 17.52.040 of the Municipal Code, uses other than those listed in the zoning regulations may be considered permitted uses in a particular zone if the requested use is a similar use and a finding is made by the Planning Commission and the City Council that the additional use is not more detrimental to the welfare of the community than the uses specifically permitted. The Commission made this finding by Resolution and recommends that the Council also adopt a Resolution to the same effect. Upon a motion by Councilman Sceales, Resolution No. 52-75 of the Council of the City of Bakersfield to include Car Rental Business in list of permitted uses in the C-1 Zone, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, .Bleecker, Medders, Sceales Noes: None Absent: Councilmen Christensen, Rogers Adoption of Resolution of Intention No. 908 of the Council of the City of Bakersfield declaring its intention to order the abandonment of the Drain- age Easement in Lots 10 and 11, Tract 3562, in the City of Bakersfield. 62 Bakersfield, California, August 25, 1975 - Page 10 Upon a motion by Councilman Sceales, Resolution of Intention No. 908 of the Council of the City of Bakersfield declaring its intention to order the abandonment of the Drainage Easement in Lots 10 and 11, Tract 3562, in the City of Bakersfield and setting September 15, 1975 for hearing on the matter before the Council, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Bleecker, Medders, Sceales Noes: None Absent: Councilmen Christensen, Rogers Adoption of Resolution No. 53-75 of the Council of the City of Bakers- field determining fee to reimburse City for administrative costs in processing Application to Segregate Land and Bond, amend Assessment and Diagram in Public Improvement District No. 801-A for Assessment No. 22 thereof. The processing of an application for segregation of land and bond in Public Improvement Districts requires the Street Superintendent to amend the original diagram assessment; requires the Finance Director to issue bonds in place of the original and requires the City Attorney to prepare the documents to effect the segregation. A fee of $100.00 is considered a reasonable amount to reimburse the City for such extra services. Upon a motion by Councilman Medders, Resolution No. 53-75 of the Council of the City of Bakersfield determining fee to reim- burse the City for administrative costs in processing Application to Segregate Land and Bond, amend Assessment and Diagram in Public Improvement District No. 801-A for Assessment No. 22 thereof, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Barton, Bleecker, Medders, None Councilmen Christensen, Rogers Sceales Bakersfield, California, August 25, 1975 - Page 63 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Medders, the meeting was adjourned at 8:45 P.M. OR of~ City of Bakersfield, Calif. ATTEST: CITY~RK and~io Clerk of the of the City of ersfield, California ma Council 64 Bakersfield, California, September 8, 1975 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P. M., September 8, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Donald A. Rogers. The City Clerk called the roll as follows: Present: Mayor Hart. Absent: None Councilmen Barton, Bleecker, Medders, Rogers, Christensen, Sceales, Strong Minutes of the regular meeting of August 25, 1975 were approved as presented. Reports. Councilman Rogers, read Legislative Report No. as follows: member of the Legislative Committee, 7-75 regarding Senate Bills 268 and 278, There are two bills which merit attention. They are Senate Bill 268 and Senate Bill 278. Both are concerned with mandatory sentencing for crimes. Senate Bill 268 provides that a person convicted of sale of i ounce of heroin or possession for sale of heroin be sentenced to state prison and not be given probation. Senate Bill 278 would require that any person convicted of a serious felony, using a firearm in the commission of the crime, would be sent to prison. The serious crimes contemplated are: Robbery Murder Kidnapping Burglary Rape with force or violence The need for Senate Bill 278 is clearly demon- strated by a report from the Attorney General's Office. This study revealed that 41% of those convicted of murder in San Francisco and Alameda Counties received probation. Thus, if you were to commit a murder with a firearm in those two counties, you would have four out of ten chances of being placed on probation. Crime is the number one concern of most American citizens. It is believed that mandatory prison sentences for some crimes will have an effect of deterring some of the crimes in California. Bakersfield, California, September 8, 1975 - Page 2 The bills are at present on the floor of the Legislature. It is recommended that Assembly- man Bill Thomas, Senator Walter Stiern and the Governor be urged to support Senate Bill 268 and Senate Bill 278. Upon a motion by Councilman Rogers, Legislative Report No. 7-75 regarding Senate Bills 268 and 278, was approved, and the Mayor was requested to prepare necessary communications to Assembly- man Bill Thomas, Senator Walter Stiern and Governor Gerald Brown, urging their support of these bills. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 14-75 regarding Contract for Employment Testing Materials, as follows: Upon request of the Police Civil Service Board, the Personnel Division of the City Manager's Office recently contacted the California State Personnel Board regarding technical testing practices. Through this contact it was learned that the State Board's Cooperative Personnel Services offer a wide range of selection services, including written examinations. These services are intended to provide the technical support needed by local agencies to accomplish the objectives that they have set for their personnel selection programs and still maintain local control and responsibility for its personnel selection practices. As the Council knows the fairness of employment tests is currently a major issue. Federal and State laws require both private and public employees to use nondiscriminatory hiring procedures. Government regulations and guide- lines in this field pertain to all steps in the selection process, including minimum quali- fications, application screening, written tests and oral interviews. In the past the City has contracted with the International Personnel Management Association for similar testing services, however, their headquarters are in Chicago and communications have been difficult. Since basically the same services are available through Cooperative Personnel Services, which is located in Los Angeles, the Governmental Efficiency and Personnel Committee is recommending Council approval of the contract with the State Personnel Board, and authorization for the Mayor to sign. Upon a motion by Councilman Bleecker, Report No. 14-75 of the Governmental Efficiency and Personnel Committee, was accepte~d. Bakersfield, California, September 8, 1975 - Page 3 Approval of Contract with State of California, Personnel Board, for Employment Testing Materials. Upon a motion by Councilman Bleecker, Contract with State of California, Personnel Board, for employment testing materials, was approved and the Mayor was authorized to execute same. Councilman Barton and Mayor Hart welcomed a Government Class from West High School. City Manager Bergen reported that a City-Wide Clean-Up Program has been initiated to dispose of discarded appliances, scrap lumber, building materials, used furniture and other "bulky" items that are not part of the regular collections provided for by the City's refuse collection and tree maintenance crews. The City will be divided into four sections with the following dates established for each SECTION 1 SECTION 2 SECTION 3 - SECTION 4 - The following (a) Allowance inclusive amount of section: - 6 A.M., September 29, 1975 Shall include the incorporated area north of Bernard Street and east of Union Avenue. - 6 A.M., September 30, 1975 Shall include the incorporated area north of Brundage Lane and Stockdale Highway and west of Union Avenue. 6 A.M., October 1, 1975 Shall include the incorporated area south of Brundage Lane and Stockdale Highway and west of Union Avenue. 6 A.M., October 2, 1975 Shall include the incorporated area south of Bernard Street and east of Union Avenue. Consent Calendar. items were listed on the Consent of Claims Nos. 768 to 910, , excluding No. 789, in the $92,696.53. Calendar: Bakersfield, California, September 8, 1975 - Page 4 67 (b) Claims for Damages from Gertrude D. and Joseph G. Ferber, 1060 San Marino Way, Salinas, California. (Refer to City Attorney) (c) Street Right-of-Way Deed from Fred L. and Gertrude L. Thompson for a portion of easterly 55.00 feet of Stine Road north of White Lane, as required on Parcel Map No. 3068. (d) Application for Encroachment Permit from Joe Mooney, 3809 Panorama Drive. (e) Application for Encroachment Permit from John Bigley, 3208 South "P" Street. (f) Application for Encroachment Permit from Alfred T. Meyer, DBA Bakersfield Machine Co., Inc., 920 East California Avenue. (g) Plans and Specifications Enclosure for Wastewater No. 3. for Blower Noise Treatment Plant (h) Notice of Completion and Acceptance of Work on project known as resurfacing portions of Noble Avenue, Yale Avenue and Berkeley Street - Contract No. 75-82 with Dicco, Inc. Upon a motion by Councilman Christensen, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, low bid of Groeniger & Co. for Fire Hydrants and Burys, was accepted, all other bids rejected and due to the savings realized from this low bid and in anticipation of future price increases and needs of the Fire Department the Finance Director was authorized to advertise for bids for an additional 20 hydrants and 18 burys. Deferred Business. Adoption of Ordinance No. 2245 New Series of the Council of the City of Bakersfield amending Subsection (e) and (f) of Section 3.18.190 of the Municipal Code, concerning Crediting and Use of Vacation. Bakersfield, California, September 8, 1975 - Page 5 Upon a motion by Councilman Bleecker, Ordinance No. 2245 New Series of the Council of the City of Bakersfield amending Subsection (e) and (f) of Section 3.18.190 of the Municipal Code, concerning Crediting and Use of Vacation, was adopted by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: None New Business. Approval of Right-of-Way Acquisition from Delfino Brothers, replacement of Irrigation Ditch and Approval of Voucher No. 789. Upon a motion by Councilman Sceales, Right-of-Way Acquisi- tion from Delfino Brothers for 45' and Akers Road, replacement of irrigation ditch and Voucher No. of Planz Road between Stine Road 789 in the amount of $10,592.00, were approved. Adoption of Resolution of Intention No. 909 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of Inyo Street lying between Truxtun Avenue and East 18th Street, in the City of Bakersfield. Upon a motion by Councilman Christensen, Resolution of Intention No. 909 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of Inyo Street lying between Truxtun Avenue and East 18th Street, in the City of Bakersfield and setting October 6, 1975 for hearing on the matter before the Council, was adopted by the following roll call Councilmen Barton, Bleecker, Christensen, Sceales, Strong vote: Ayes: Noes: None Absent: None support the closing of Inyo Street but the date for hearing on this matter. Medders, Rogers, Councilmen Barton and Christensen stated that they do not voted in favor of setting Bakersfield, California, September 8, 1975 - Page 6 City Manager Bergen stated that a petition objecting to the closing of Inyo Street has been received in the City Clerk's Office and the person who circulated this petition will be notified of the date of hearing. Adoption of Resolution No. 54-75 of the Council of the City of Bakers- field deleting a Council Meeting in the month of October, 1975. Upon a motion by Councilman Bleecker, Resolution No. 54-75 of the Council of the City of Bakersfield deleting a Council Meeting in the month of October, 1975, was adopted by the following roll call vote: Councilmen Barton, Bleecker, Christensen, Medders, Rogers, Seeales, Strong Ayes: Noes: Absent: None None Adoption of Resolution No. 55-75 of the Council of the City of Bakers- field approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 et seq. of the Government Code of the State of California. This resolution authorizes the Bakersfield Police Depart.- ment to destroy obsolete records, reports, etc. that are more than five years old. After discussion, upon a motion by Councilman Medders, Resolution No. 55-75 of the Council of the City of Bakersfield approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 et seq. of the Government Code of the State of California, was adopted by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Christensen, Medders, Rogers, Seeales, Strong Noes: None Absent: None 7O Bakersfield, California, September 8, 1975 - Page 7 Ayes: Noes: None Absent: None Adoption of Resolution No. 56-75 of the Council of the City of Bakers- field approving an Agreement for use of Parking in the "~t Street Parking Garage. This resolution approves an agreement making five addi- tional parking spaces available at $20.00 per month, in the "K" Street Parking Garage, as provided in the original Disposition and Development Agreement between the Redevelopment Agency and Weston to build a Wells Fargo Bank on Parcel "C." These additional spaces are required to meet the City's Municipal Code. Upon a motion by Councilman Bleecker, Resolution No. 56-75 of the Council of the City of Bakersfield approving an Agreement for use of parking in the "K~ Street Parking Garage, was adopted by the following roll call vote: Councilmen Barton, Bleecker, Christensen, Medders, Rogers, Sceales, Strong Adoption of Resolution No. 57-75 of the Council of the City of Bakersfield approving the Application for 1974 State Grant Moneys for improvements in Grissom, Kroll Way, Akers Road, Beale, Wilson and Wayside Parks. On June 4, 1974, the voters of the State of California approved the 1974 State Park Bond Act and a total of $1,349,379 was allocated to Kern County based on State guidelines. On October 28, 1974, the City Council approved the allocation of $233,065.44, to the City of Bakersfield for park improvements. In order to receive these funds during the 1976-77 fiscal year, the City must file a Project Application describing the intended use of the funds with the State by September 15, 1975. The City will be evaluating the specific projects in next year's budget. Upon a motion by Councilman Sceales, Resolution No. 57-7~i of the Council of the City of Bakersfield approving the Application for 1974 State Grant Moneys for improvements in Grissom, Kroll Way, Bakersfield, California, September 8, 1975 - Page 8 Akers Road, following roll call Ayes: Beale, Wilson and Wayside Parks, was adopted by the vote: Councilmen Barton, Bleecker, Sceales Noes: Councilman Strong Absent: None Christensen, Medders, Rogers:, Councilman Barton and Mayor Hart welcomed students from Horizon High School. This is the time Hearings. set for public hearing on Resolution of Intention No. 907 of the Council of the City of Bakersfield, de- claring its intention to order the vacation of a portion of 16th Street (adjacent to City Hall) in the City of Bakersfield. This hearing has been duly posted. Mayor Hart declared the hearing open for public partici- No protests or objections being received, the public deliberation and pation. portion of the hearing was closed for Council action. Upon a motion by Councilman Barton, Resolution No. 58-75 of the Council of the City of Bakersfield ordering the vacation of a portion of 16th Street (adjacent to City Hall) in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Bleecker, Christensen, Medders, Sceales, Strong Rogers, None None This is the time set for public hearing before the Council to ascertain whether the public necessity, health, safety or general welfare require the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, cable television or similar and associated services in Underground Utility District No. 4, which is a portion of "Q" Street. 72 Bakersfield, California, September 8, 1975 - Page 9 This hearing has been duly posted and utility companies and property owners within the district have been notified. Mayor Hart declared the hearing open for public partici-. pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Councilman Barton stated that he would not argue with the value of underground utilities but disagrees with the concept of having piecemeal districts and therefore will have to vote against the formation of this district. Councilman Bleecker stated the Public Works Department has a precise plan of past and future undergrounding of utilities for the City of Bakersfield, and since most of the Councilmen were not on the Council at the time this plan was presented, he requested that the Public Works Director furnish copies for their perusal. After discussion, upon a motion by Councilman Bleecker, Resolution No. 59-75 of the Council of the City of Bakersfield, State of California, establishing Underground Utility District No. 4, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Strong Noes: Councilman Barton Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:50 P.M. MAYO f th~ .ty of Bakersfield, Calif. ATTEST: CITY ~LERK ah~ Ex~ficio Clerk of the Council of th~ City of BaP~rsfield, California ma Bakersfield, California, September 15, 1975 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P. M., September 15, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. Tom Tiemens, Director of Teen Challenge. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Strong, Barton Absent: None Minutes of the regular meeting of September 8, 1975 were approved as presented. Scheduled Public Statements. Maggie Jones, Promotional Director of the Ice Capades, extended an invitation to the Mayor and Council to attend opening night of the Ice Capades at the Civic Auditorium on Wednesday, October 1, 1975. Mr. Bill Williams, Assistant Superintendent of the Green- field School District, requested the Council to urge Governor Brown to sign Senate Bill 420, which is a Remedial Reading Program for the students in the State of California. Upon a motion by Councilman Barton, the Mayor was requested to prepare the necessary communication to Governor Edmond G. Brown urging his support of Senate Bill 420. Councilman Bleecker stated that he does not believe that the Council should enter into recommendations of this type since the schools have elected school boards for that purpose, and there- fore, would abstain from voting on SB 420. Council Statements. Councilman Barton requested the City Manager to formulate a program to aid in controlling the excessive speed of cars on neighborhood streets, specifically Laurel Drive, Sandra Drive and Agate Street, and report back to the Council. 74 Bakersfield, California, September 15, 1975 - Page 2 Councilman Barton and Mayor Hart welcomed Government Classes from West High School and Horizon High School. Councilman Rogers reported that the Special Committee, appointed by the Council, Mayor Hart, Councilman Christensen and Councilman Rogers, met and discussed whether or not the Columbus Street entrance to the Landfill should remain closed or be reopened. The Landfill is now operated by the County of Kern, and in a recent meeting with County officials the Committee learned that the area presently being used for dumping will soon be filled and a new area will be opened which is nearer to the entrance off Alfred Harrell Highway. The County pointed out that when the new dump area is opened the Columbus Street entrance will be less useful. The Committee's recommendation is to support the position of the County in leaving the Columbus Street entrance closed. Reports. Councilman Rogers, member of the Special Freeway Inter- change Committee, read a report regarding the Mount Vernon Inter- change, as follows: At the Council meeting of August ll, 1975, the City Council referred to this special committee the communication from the State Department of Transportation which made reference to the Mount Vernon Interchange. In that letter the California Highway Commission stated they are willing to give project approval for additional ramps at Mount Vernon subject to completing all the environmental and public hearing processes. This project approval would not, however, pro- vide for any funding. The special committee met to review the letter, its impact and the procedural steps necessary for such an interchange. The biggest part of this processing involves the filing of an environmental impact report. The committee has also discussed at some length various alternatives to local financing (which, at this time, is the only option open to us) and also various proba- bilities for right of way acquisition. In proceeding with the preparation of the environmental impact report, some tasks will be required to be performed by the City staff which would include noise assessments, traffic counts, definition of the area of benefit and the possible effects of air pollution. It is Bakersfield, California, September 15, 1975 - Page 3 75' the feeling of this special committee that we should proceed with acquiring project approval by the State Department of Transportation. We request the Council to direct this committee and the staff to continue its efforts in obtaining a full interchange at Freeway 178 and Mount Vernon Avenue. Upon a motion by Councilman Rogers, the Special Freeway Interchange Committee report, was approved, and the Special Freeway Interchange Committee and staff were directed to continue its efforts in obtaining a full interchange at Freeway 178 and Mount Vernon Avenue. Approval of Minute Order extending time for consideration of Claim for Damages filed against the City of Bakersfield by the Rosedale - Rio- Bravo Water Storage District. City Attorney Hoagland stated that for the past few months the City has been negotiating with Rosedale - Rio-Bravo Water Storage District relative to certain water matters connected with the acquisition of the Kern River properties or Tenneco properties. In order not to be precluded from establishing any legal rights, Rosedale - Rio-Bravo Water Storage District filed a Claim for Damages against the City of Bakersfield and ordinarily it would be automatically rejected 45 days after filing. However, we are still in the process of negotiations, and the two parties may legally extend the time for rejection of that Claim. It is recommended that an extension of time be granted until November 17, 1975 and negotiations will continue. Upon a motion by Councilman Rogers, Minute Order extending time until November 17, 1975, for consideration of Claim for Damages filed against the City by Rosedale - Rio-Bravo Water Storage District, was approved. City Attorney Hoagland, member of the Legislative Committee, reported that Assembly Bill 700 provides that a three-member board be appointed by the Governor to establish rules and regulations governing the conduct of local police officers, throughout the State of California. AB 700 would supplant any local regulations, 76 Bakersfield, California, September 15, 1975 - Page 4 whatsoever, including Charter provisions; it would be an entirely separate system of rules and regulations and completely negate any local disciplinary authority. One of the major detriments of the Bill is the high cost to cities. Upon a motion by Councilman Rogers, the Council went on record in opposition to AB 700; the Mayor was requested to prepare necessary communications to Governor Brown expressing this opposition and also transmit to Senator Stiern the Council's appreciation for his negative vote on this Bill. Councilman Strong abstained from voting on this motion. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 911 to 997, inclusive, in the amount of $306,695.74. (b) Map of Tract No. 3749 and Contract and Specifications for improvements therein - located south of Stockdale Highway and westerly of Montalvo Drive. (c) DELETED (d) Contract for improvements required for Parcel Map 3162. Upon a motion by Councilman Christensen, Items (a), (b), and (d), with deletion of Item (c), of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Strong, Barton Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, low bid of Olesen Company for Auditorium Spotlights, was accepted and all other bids rejected. Upon a motion by Councilman Medders, low bid of San Joaquin Supply Company for Trash Cans for City Parks, was accepted and all other bids rejected. Bakersfield, California, September 15, 1975 - Page 5 Upon a motion by Councilman Medders, low bids of Ray Gaskin Service Company for 2 Cab and Chassis, Angelus Truck Company for 10 Cu. Yd. Dump Body and P. B. Sales Company for 5,000 lb. Rated Front-End Loader and 14 Cu. Yd. Dump Body, was accepted and all other bids rejected. After discussion, upon a motion by Councilman Medders, all bids for the construction of the West Wing of City Hall were rejected, authorization was granted to revise the plans and specifi- cations and the Finance Director was authorized to rebid the project. New Business. Approval of Minute Order regarding Assurance to County of Kern on Water Environmental Impact Report. Upon a motion by Councilman Rogers, the following Minute Order was approved: It is moved and ordered by the City Council as follows: The City reaffirms that it will continue to observe the procedures of the California Environmental Quality Act of 1970 as set forth in Resolution No. 13-74 of the City of Bakersfield for the Environmental Impact Report re: Use and Disposition of Property and Water Rights Acquired by the City of Bakersfield from Tenneco West, Inc. in Settlement of Litigation. That the City is aware of the recreational water needs of the County of Kern as set forth in the Murray, Burns and Kienlen report of October 1974 and will cooperate with the County in meeting those needs, including honoring the present contracts and forming new contracts where desirable. The City recognizes the present sources of water utilized for recreational needs of the County and pledges no interference with such sources. Approval of Joint Powers Agreement with the County of Kern to jointly share in use of County CENTREX Telephone System. Upon a motion by Councilman Medders, Joint Powers Agree- ment with the County of Kern to jointly share the use of the County CENTREX Telephone System, was approved and the Mayor was authorized to execute same. Bakersfield, California, September 15, 1975 - Page 6 Approval of Construction Change Order No. 3 to Contract No. 74-109 with Fred S. Macomber for Police Facility. This proposed change order includes a change and addition of electrical materials and equipment, addition of 3 windows in an interior basement wall, and deletion of a portion of the storm drain line which will be completed under separate contract. The proposed No increase change order will increase the contract price $506.21. in time is allowed as a result of this change order. Upon a motion by Councilman Sceales, Construction Change Order No. 3 to Contract No. 74-109 with Fred S. Macomber for Police Facility, was approved and the Nayor was authorized to execute same. Adoption of Resolution No. 60-75 of the Council of the City of Bakers- field amending Resolution No. 95-74 concerning approval of the Kern County Federal Aid Urban Committee Process and tb~ portion of the Program relating to the City of Bakersfield. On November 18, 1974, the Council, by Resolution No. 95-74 approved the Kern County Federal Aid Urban Committee Process and Federal Aid Urban Program as set forth in Exhibit "A," pursuant to the 1973 Federal Highway Act. Since that time the City has requested that one of its projects (Baker Street-Truxtun Avenue to Sumner Street) be increased from $40,000 to $190,000, and other requests for change by participants in the Committee have been made. This resolution makes these changes by adoption of a revised Exhibit "A." Upon a motion by Councilman Medders, Resolution No. 60-75 of the Council of the City of Bakersfield amending Resolution No. 95-74 concerning approval of the Kern County Federal Aid Urban Committee Process and the portion of the Program relating to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Strong, Barton Noes: None Absent: None Medders, Rogers, Sceales, Bakersfield, California, September 15, 1975 - Page 7 79 Hearings. This is the time set for public hearing on Resolution of Intention No. 908 of the Council of the City of Bakersfield declaring its intention to order the abandonment of the Drainage Easement in Lots 10 and 11, Tract 3562, in the City of Bakersfield. This hearing has been duly advertised and posted. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Resolution No. 61-75 of the Council of the City of Bakersfield ordering the abandonment of the Drainage Easement in Lots 10 and 11, Tract 3562, in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Strong, Barton Noes: None Absent: None This is the time set for continued public hearing before the Council for hearing protests by persons owning real property within territory designated as "Kern River No. 4," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and notices sent to all property owners as required by law. Upon a motion by Councilman Rogers, the hearing on the annexation of "Kern River No. 4," was continued until November 24, 1975, Ayes: Noes: Absent: by the following roll call vote: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Strong, Barton None None This is the time set for continued public hearing before the Council for hearing protests by persons owning real property 8O Bakersfield, California, September 15, 1975 Page 8 within territory designated as "Kern River No. 5," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and notices sent to all property owners as required by law. Upon a motion by Councilman Rogers, the hearing on the annexation of "Kern River No. 5," was continued until November 24, 1975, by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Strong, Barton None None Adjournment. There being no further business to come before the upon a motion by Councilman Christensen, the meeting was 8:55 P.M. Noes: Absent: Council, adjourned at e C~eld, Calif. ATTEST: CITY~RK ~n~Ex-O f~icio Clerk of the Council of t~e City of Ba~sfield, California ma Bakersfield, California, September 22, 1975 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P. M., September 22, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. Howard Hatcher, President, Seventh Quorum of Seventies, Church of Jesus Christ of Latter-Day Saints. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Christensen, Medders, Rogers, Sceales, Strong, Barton Absent: Councilman Bleecker Minutes of the regular meeting of September 15, 1975 were approved as presented. Scheduled Public Statements. Mr. K. C. Thompson, President of Associated Veteran Students and Vice-President of Associated Student Body, Bakersfield College, requested Mayor Hart to honor Bakersfield College by firing the cannon which will be the official kick-off for the Renegade Football Season, Saturday, September 27, 1975. Council Statements. Councilman Barton read a letter from L. H. Miller, 2807 Terrace Way, dated September 22, 1975, regarding early unauthorized closing of China Grade dump in times, and requested the staff the letter. Councilman Rogers stated operated by the County of Kern and spite of published and posted closing to investigate the matter and answe~ that the landfill is now being this letter should have been directed ment. to the Board of Supervisors or their Public Works Depart- Councilman Christensen questioned the City Attorney regarding City franchises and stated that he had numerous telephone calls from irate citizens, yesterday and today, about Bakersfield Bakersfield, California, September 22, 1975 - Page 2 Cable TV being off the air and not being able to reach them by telephone. After discussion, Councilman Barton made a motion that the staff be directed to report to the Council the status of construction and implementation of the new services by Bakersfield Cable TV, as soon as possible, preferably within the next two weeks. Councilman Rogers offered a substitute motion that the staff be directed to contact Bakersfield Cable TV and request that an appropriate representative be present at next week's Council Meeting to give a report on the following questions: 1. What happened this past weekend and why? 2. How their telephone answering service is handled during the week and weekend? 3. What methods they have of notifying people of outages? 4. What plans they have to improve this noti- fication service? 5. Update the Council on how they are progressing on their schedule of improve- ments, which was part of the agreement when the rate increase was granted. 6. What is their method of billing? Councilman Rogers' substitute motion was unanimously approved. Councilman Medders remarked on an article appearing the Bakersfield Californian on Wednesday, September 17, 1975, in entitled "City Faces $6,000.00 a Day Fine for Odor from Wastewater Treatment Plant No. 3," and questioned the staff about what has been done to rectify this situation. Public Works Director Bidwell reported that the City will[ be presenting evidence to the Air Pollution Control Board on September 23, 1975, to show what improvements have been made since the original "cease and desist" order was issued in June, and residents in the area would generally agree that the odor has been pretty well subsided. Bakersfield, California, September 22, 1975 - Page 3 Reports. Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 7-75 regarding Budget Transfer, City Hall Parking Lot, as follows: On April 28, 1975, City Council action directed the staff to take the necessary steps to imple- ment that portion of the Downtown Parking Needs Assessment Report which dealt with an expanded parking lot for the City Hall complex. Subse- quent Council actions have included acceptance of quitclaim deed, provision of alley access and lease of property by Raberfelde Ford. Final action by the Council on September 8, 1975, vacated that portion of 16th Street lying between Eye Street and Chester Avenue. Construction of the parking lot itself can begin as all necessary procedures to implement this portion of the report have been completed. It is necessary to do the work at this time so that adequate parking may be provided before beginning construction of the new wing of City Hall. At the time the original plan was submitted, no cost estimates had been done; therefore, no money had been appropriated for this work. After reviewing the proposed parking plan, it is the recommendation of this committee that $5,600 be transferred from the Council Contingency Fund Account No. 11-510-6100 to Public Works Department Account No. 25-795-9400 so that the actual construction of the lot may take place. Upon a motion by Councilman Medders, Report No. 7-75 of the Budget Review and Finance Committee regarding Budget Transfer, City Hall Parking Lot, was approved and authorization was granted to transfer $5,600.00 from the Council Contingency Fund Account No. 11-510-6100 to Public Works Department Account No. 25-795-9400 for construction of the parking lot. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 998 to 1143, inclusive, in the amount of $185,702.78. (b) Claim for Personal Injuries from Walter M. Ricks, 510 Taylor Street, Apt. #17, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Cecil H. Harris, Fresno, California. (Refer to City Attorney) Bakersfield, California, September 22, 1975 - Page 4 (d) Application for Encroachment Permit from Lee J. McCoy, 2422 Bay Street. (e) Street Right-of-Way Deed from Kern Cal Corporation and J. L. Dandy & Co. for the extension of Hasti-Acres Drive from its present northerly boundary north to Ming Avenue, as required for development of Parcel Maps 2912 and 2913. (f) Street Right-of-Way Deed from Motel 6, Inc., for a cul-de-sac at south end of E1 Potrero Lane south of White Lane, as required for development of Parcel Map 3162. (g) (h) (i) Notice of completion and Acceptance of Work on project known as Structural Steel Work - City of Bakersfield Police Building - Contract No. 74-100 with Riverside Steel. Notice of Completion and Acceptance of Work on installation of Traffic Signal and Street Lighting at the intersection of Ming Avenue and Hughes Lane - Contract No. 75-25 with Smith Electric Supply. Notice of Completion and Acceptance of Work on Fence Alterations on South "H" Street between Ming Avenue and Wilson Road - Contract No. 75-94 with Kern Fence Company. Upon (c), (d), (e), adopted by the a motion by Councilman Christensen, Items (a), (b), (f), (g), (h) and (i) of the Consent Calendar, were following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Strong, Barton Noes: None Absent: Councilman Bleecker New Business. Approval of Contract Change Order No. 1 to Agreement No. 75-59 with ComSales, a Division of Rimo Manufacturing, Inc., for Signal and Communications Equip- ment for Police Facility. The changes will increase the capacity of the paging equipment and provide synchronization of all console clocks, time clocks and recording equipment. The Change Order will increase the contract price by $2,875.00. Bakersfield, California, September 22, 1975 - Page 5 Upon a motion by Councilman Medders, Contract Change Order No. 1 to Agreement No. 75-59 with ComSales, a Division of Rimo Manufacturing, Inc., for Signal and Communications Equipment for Police Facility, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 62-75 of the Council of the City of Bakers- field to include Antique Shops in list of uses permitted subject to Conditional Use Permit in the C-1 Zone. This resolution will permit antique shops (as conditioned) to be located in a C-1 (Neighborhood Commercial) Zone sub3ect to the granting of a Conditional Use Permit. Section 17.52.040 of the Municipal Code permitted this action on findings by both the Planning Commission and City Council that the use is similar to uses already so permitted and is not more obnoxious or detrimental.. Upon a motion by Councilman Sceales, Resolution No. 62-75 of the Council of the City of Bakersfield to include Antique Shops in list of uses permitted sub3ect to Conditional Use Permit in the C-1 Zone, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Medders, Rogers, Sceales, Barton Strong, None Councilman Bleecker Approval of Plans and Specifications for Police Vehicle Service Building. These plans will provide a facility for minor maintenance of Police Department vehicles. At the time the contract was awarded for the Police Building the City did not have the property necessary for construction of this facility. Time for completion is scheduled to coincide with completion of the Police Building. Upon a motion by Councilman Medders, Plans and Specifi- cations for Police Vehicle Service Building, were approved and the Finance Director was authorized to advertise for bids. Bakersfield, California, September 22, 1975 - Page 6 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:35 P.M. the City of Bakersfield, Calif. ATTEST: CITY C$~RK and Ex~O~ficio Clerk of the Council of the City of Ba~rsfield, California ma Bakersfield, California, September 29, 1975 $? Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., September 29, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Tom Hubbard of St. Paul's Episcopal Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker~ Christensen Absent: None Minutes of the regular meeting of September 22, 1975 were approved as presented. Scheduled Public Statements. Representative from Bakersfield Cable TV regarding questions presented at Council Meeting of September 22, 1975. Councilman Rogers stated that he made a motion at last week's Council Meeting that a representative of Bakersfield Cable TV appear before the Council tonight to present a report and answer questions regarding problems that occurred with the cable service last week. Mr. B. Jack Long, representing Bakersfield Cable TV, explained that the problems were caused by a cable break which caused a loss of power and this problem can be alleviated when the microwave is installed. Mr. Long answered questions regarding their telephone answering service and read a letter addressed to Mr. Howard Channell from Air Signal International, Inc., dated September 23, 1975, apologizing for the lack of service received on Sunday, September 21, 1975 and assuring them it would never happen again. Mr. Long also read a letter from Pacific Gas & Electric Company, dated September 24, 1975, informing the Cable Co. of a power failure which occurred on Sunday, September 21, 1975 and again on Monday, September 22, 1975, and apologized for further interruptions in the cable service. Bakersfield, California, September 29, 1975 - Page 2 Councilman Barton stated that to keep the Council aware of and help solve the problems he would move that the Council appoint a Cable TV Review Committee for comments and recommendation back to the Council. After discussion Councilman Barton withdrew his motion. Mr. Marshall H. Jacobson, Attorney at Law, 214 "H" Street, submitted a proposal to the Council suggesting that an Ad Hoc Citizens Committee be appointed by October 6, 1975, to submit findings of fact and recommendations concerning the operations of Bakersfield Cable TV Company to the Council. Upon a motion by Councilman Rogers, proposal from Mr. Marshall H. Jacobson suggesting that an Ad Hoc Citizens Committee be appointed by October 6, 1975, to submit findings of fact and recommendations concerning the operations of Bakersfield Cable TV Company to the Council, was received and ordered placed on file. During discussion Councilman Rogers suggested that instead of a three-five member committee that perhaps each Council- man should appoint one member, making a total of seven. After a lengthy discussion, Councilman Barton made a motion that a Council Cable TV Review Committee be appointed to review problems and other matters relating to Bakersfield Cable TV., which failed to carry by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Christensen Noes: Councilmen Medders, Rogers, Sceales, Strong Absent: None Councilman Rogers made a motion that each Councilman be prepared, next Monday, October 6, 1975, to make one appointment each of a citizen, who need not be a City resident, to a Fact Finding Citizens Committee concerning the operations of Bakersfield Cable TV, which failed to carry by the following roll call vote Ayes: Noes: Absent: Councilmen Medders, Rogers, Sceales Councilmen Strong, Barton, Bleecker, None Christensen Bakersfield, California, September 29, 1975 - Page 3 Vice-Mayor Bleecker welcomed Boy Scout Troop No. 444 and their leader Leroy Clark. Council Statements. Councilman Strong questioned the staff regarding the expenditure of an additional $10,000.00 without Council approval, as outlined in a memorandum. City Manager Bergen stated that the money has been budgeted by the Council and the agreement that was entered into by the Council authorized additional work up to the amount budgeted, and since formal approval was not required the staff felt that it was necessary that the Council be informed. Reports. Councilman Rogers, Chairman of the Water and City Growth Committee, read Report No. 8-75 regarding Status of Final E.I.R. on Use and Disposition of Property and Water Rights Acquired by the City of Bakersfield from Tenneco West, Inc., in Settlement of Litigation, as follows: I have here a make-up copy of the final draft of the water environmental impact report. This make-up copy is being printed at the present time and will be out in the middle of the week. This Friday, at 12:00 Noon, the Planning Com- mission will meet to make their recommendation to the City Council for certification of the environmental impact report as meeting the requirements of the California Environmental Quality Act. If the Planning Commission recom- mends certification, such will go before the Council on Monday, October 6. The final environmental impact report contains responses to all those who filed comments at the time of the hearing on the draft environ- mental impact report. Those who did file comments will receive copies of the report with the responses to their comments. Councilman Rogers suggested that the staff, after the final E.I.R. is printed, place a copy on file at the Reference Desk of the Beale Memorial Library. 9O Bakersfield, California, September 29, 1975 - Page 4 Councilman Rogers, Chairman of the Water and City Growth Committee, read Report No. 7-75 regarding Financing Water Acquisition, as follows: The Committee and staff members met with the City's water consultants and a representative of the bond underwriters to review potential interest costs of revenue bonds to be issued for the City's purchase of Kern River water rights and related properties. The total purchase of those rights and properties will be financed as follows: Price of all rights and properties Less properties sold to Kern Delta Rights and properties retained by City Deduct deferred payment contract to be paid only from surplus revenues to Tenneco Balance Add debt service costs and reserve requirements to be held on deposit for 30 years Amount to be financed by revenue bonds $17,900,000 3~500,000 $14,400,000 2,900,000 $11,500,000 1,500,000 $13,000,000 It was determined that the City could authorize a single issue of $13,000,000 in water revenue bonds for the purchase, or that it could authorize a combination of water revenue bonds and lease revenue bonds. Both types of bonds would be retired over a 30-year period from water revenues. Water revenue bonds, however, command approximately 1½ percent higher interest rates than do lease revenue bonds. According to our financial consultants, approximately $3,000,000 representing physical properties being acquired could be financed by lease revenue bonds. Only the remaining $10,000,000 would then be financed at the higher interest rates commanded by water revenue bonds. A combination issue of lease revenue bonds and water revenue bonds would save the City more than $1,000,000 in interest costs over the 30-year period. The Committee recommends, therefore, that two series of revenue bonds be issued--a series of lease revenue bonds in the amount of $3,000,000 and a series of water revenue bonds in the amount of $10,000,000. It will be necessary for the City Council to adopt an ordinance committing the City to a lease agreement for the $3,000,000 in properties to be leased. This lease agreement, in effect, commits the City to make lease payments and then be responsible for recovering those payments Bakersfield, California, September 29, 1975 Page 5 91 from the water revenues. The lease agreement will commit the City to make annual rental payments from water revenues which are avail- able to the general fund of the City. The Committee believes that this method of financing is well-warranted by the savings of over $1,000,000 in interest costs. In order to implement this financing at the appropriate time, our bond counsel has prepared the necessary ordinance for Council consideration. The Committee recommends adoption of this report and this be accepted as first reading of the ordinance. Upon a motion by Councilman Rogers, Report No. 7-75 of the Water and City Growth Committee regarding Financing Water Acquisition, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield approving a Formal Agreement relating to a public leaseback, and the execution thereof by and between the City of Bakersfield and the City of Bakersfield Water Facilities Corporation. First reading was considered given an Ordinance of the Council of the City of Bakersfield approving a Formal Agreement relating to a public leaseback, and the execution thereof by and between the Cify of Bakersfield and the City of Bakersfield Water Facilities Corporation. Vice-Mayor Bleecker declared a brief recess at this time. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1144 to 1248, inclusive, in the amount of $352,708.52. (b) Claim for Damages or Injuries from Gregory Lionel Moore. (Refer to City Attorney) (c) Street Right-of-Way Deed from the Central California Conference Association of the Seventh-Day Adventists for 6 feet along east, side of Actis Road just south of Wilson Road. (d) Street Right-of-Way Deed from Bakersfield Airpark, Inc., providing for additional 15 feet of right-of-way for south half of a portion of Watts Drive east of Union Avenue. 92 Bakersfield, California, September 29, 1975 - Page 6 (e) Street Right-of-Way Deed from Fairway Land and Development Company, Ltd., pro- viding additional 15 feet of right-of- way for south half of a portion of Wilson Road between Larson Lane and Agate Street. (f) Street Right-of-Way Deeds from Charles Lum and Elwood M. Ingledue, providing additional 20 feet for widening a portion of south half of Planz Road east of Akers Road and west of Real Road. (g) Street Right-of-Way Deed from the Plaza Christian Church of Bakersfield, California, a California Corporation, providing additional 15 feet of right-of-way for north half of a portion of Wilson Road between Calvin Street and Hughes Lane. (h) Street Right-of-Way Deeds from Frank M. & Lorraine Torres, Garth & Lucille Mason, John D. & Helen Robinson and 0onah Paul & Frances L. Brown, providing additional 15 feet of right-of-way for north half of a portion of Wilson Road between Castro Lane and Christopher Court. (i) Temporary Flowage Easement granted by Moreland Niles Community Builders, drainage in Edmonton Street south over undeveloped land which has been designated as future extension of Edmonton Street. (j) Easement from Tenneco Realty Development Corporation and Panama Union School District, for public road purposes for south half of Edgemont Drive adjacent to Tract No. 3728 and just west of Wilson Road. (k) Request from Frank & Melva Moody, 1305 Shattuck Avenue, Richard & Peggy McCormick, 1301 Shattuck Avenue, Robert & Donna Ford, 1304 Telegraph Avenue, and Linda Plant, 1300 Telegraph Avenue, for abandonment of a pedestrian easement located in Tract 1708 between Lots 9, 10, 24 & 25. (Refer to Planning Commission) Upon a motion by Councilman Christensen, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Medders, Sceales, Strong, Barton, Bleecker, Christensen Noes: None Absent: Councilman Rogers Bakersfield, California, September 29, 1975 - Page 7 Action on Bids. Upon a motion by Councilman Sceales, low bid of J. L0 Denio for widening and improving Planz Road between Stine Road and Real Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. New Business. Deferral of Appointment of Voting Delegate and Alternate for the League of California Cities Conference, October 19-22, 1975. Councilman Strong moved that Councilman Barton be appointed as the City's voting representative for the League of California Cities Conference. Councilman Christensen moved that Councilman Sceales be appointed as the Alternate Voting Delegate for the League of California Cities Conference. Councilman Christensen withdrew his motion until after the Voting Delegate has been appointed. Councilman Rogers asked if the resolutions from the League have been received so that the Council may determine what actions the voting delegate should take at the conference. Councilman Strong stated that the resolutions will be sent to each City prior to the League Conference and the Council should have ample opportunity to review before the conference. After discussion, Councilman Strong withdrew his motion to appoint Councilman Barton as Voting Delegate for the League of California Cities Conference. Upon a motion by Councilman Sceales, appointment of Voting Delegate and Alternate for the League of California Cities Conference to be held in San Francisco, October 19-22, 1975, was deferred until October 6, 1975. Hearings. This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory 94 Bakersfield, California, September 29, 1975 - Page 8 designated as "Panorama No. 2," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and property owners notified as required by law. Vice-Mayor Bleecker declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Rogers, Resolution No. 63-75 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of territory designated as "Panorama No. 2" proposed to be annexed to the City of Bakers- field, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen Noes: None Absent: None Upon a motion by Councilman Rogers, Ordinance No. 2246 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "Panorama No. 2," and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen Noes: None Absent: None This is the time set for public hearing before the Council for hearing objections to include within the Greater Bakersfield Separation of Grade District certain territory designated as "Panorama No. 2" Annexation. This hearing has been duly advertised. Vice-Mayor Bleecker declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Bakersfield, California, September 29, 1975 - Page 9 95 Upon a motion by Councilman Strong, Resolution No. 64-75 annexing certain territory designated as "Panorama No. 2," to the Greater Bakersfield Separation of Grade District, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen Noes: None Absent: None This is the time set for public hearing on application by the Planning Commission to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to a C-1-D (Limited Commercial Architectural Design), or more restrictive, Zone; and from an R-1 (One Family Dwelling) Zone to a C-2-D (Commercial - Architectural Design), or more restrictive, Zone, affecting that certain property in the City of Bakersfield known as a portion of the Stine Canal that lies adjacent to Stine Road north of Ming Avenue. This hearing has been duly advertised, the property posted and property owners notified as required by law. This rezoning is for the purpose of zoning subject portion of the Stine Canal with the same zoning as the adjacent properties to the west. The adjacent property owners proposed to cover this area of the canal to provide additional off-street parking spaces for their existing and planned commercial developments. The Planning Commission found the proposed changes are consistent with the Land Use Element of the General Plan. Vice-Mayor Bleecker declared the hearing open for public participation. Mr. Armstrong, representing the land owners, requested the Council to approve the zone chaages. Mr. Clete Harper, 4124 Granada Avenue, stated that he is not opposed to the zone change but would like to request that maps of the affected property be included with notices of hearing so adjacent property owners would be able to identify the exact property being rezoned. 96¸ Bakersfield, California, September 29, 1975 - Page 10 No further protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Seeales, Ordi'nance No. 2247 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain properly in the City of Bakersfield known as a portion of the Stine Canal that lies adjacent to Stine Road, north of Ming Avenue, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton~ Bleecker Noes: None Absent: Councilman Christensen Councilman Rogers stated that he received a letter from the City's Water Consulting Engineer, Thomas Stetson, dated September 24, 1975, regarding report on Water Requirements for Riverside Recreation Areas in Kern County, October 1974, by Murray, Burns & Kienlen, Consulling Civil Engineers. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Strong~ the meeting was adjourned at 10:50 P.M. ~ity of Bakersfield, Calif. ATTEST: CITY CL~K and Ex-~f~icio Clerk of the Council of the/O~ty of Bakersfield, California